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I want to file chapter 7 bankruptcy, how do I include by boyfriend's income?
Anonymous5 views4 answers
I need to file Chapter 7. My boyfriend and I have lived on and off together (currently on) and he paid a portion of the living expenses. Some of it was also for our son, we don't have a formal child support agreement.
When he paid, he would transfer me money to my checking account, and I would write the checks.
How will his transfers/payments affect my bankruptcy? And how do I prove his payments? Will I need to provide his paystubs? Also, he is not on my current lease, but IS on my upcoming lease (I am moving at the end of June)
I am trying to use the means test calculator, and if I use a 2 person household (me and child), I fail if I count his income. If I use a 3 person household and include his income, I pass.
Becky A MoshierChapter 7 Bankruptcy AttorneySaint Paul, MN ·
The proper family size would be 3 since you are living together and sharing expenses. Your boyfriend does not have to file bankruptcy; however, you must be able to show what his financial contribution has been to the household. As far as the $500.00 excess monthly income, an attorney could help you with your expenses to determine if you qualify for a Chapter 7 Bankruptcy. In my experience, debtors often underestimate their actual expenses.
You should use a household of three as that is what the facts are. His income gets placed on the income schedule less his own personal expenses for his contribution to the household. His name is not included in your case. You do not have to provide his check stubs as he is not in bankruptcy. Good luck with your situatuion.
While I agree that your household size is three, I'm not inclined to simply say, as others have, that it will be "easy" to either include your boyfriend's income or that he won't have to offer up his information as well. While it is true that, since you're not married and he isn't filing bankruptcy, he shouldn't have to offer any information, the fact is that the trustee is going to take a long look at your situation and demand a lot of documentation. You will have to explain the transfers and provide documentation (bank statements, probably). He is also, now, a co-debtor on your new lease, so he will have to be named in the petition there. I would strongly suggest consulting with a bankruptcy attorney ASAP.
