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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hello, I plan on filing chapter 7. Im 24 and currently

Resolved Question:

Hello,

I plan on filing chapter 7. I'm 24 and currently live with my parents and 2 siblings. I pay my share for renting a room directly to my parents. My concerns are:

1) will court ask mr how many people are in my household?

2) will the court take into consideration the entire household income ?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

WALLSTREETESQ :

Since you pay rent to your parents for your room, you could argue that you are a single economic unit and do not have to list the other household members,

WALLSTREETESQ :

If you support your siblings financially ro support your parents, than you would list them as household income.

WALLSTREETESQ :

Another issue id if your parents claim you as a dependant, than you would list their income as you are part of their houshold, and thier income should be included.

WALLSTREETESQ :

The court in In Re Jewel, 365 B.R. 796, rejected the “heads on beds” approach as overly broad and instead adopted a definition limited to those household members financially dependent of the debtor.
Accordingly, the best guidance to consider is whether the household members constitute a single economic unit. If they do, you should probably include them

WALLSTREETESQ :

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Customer: So I do have to prove in court that I'm a single economic unit? Or can I just list myself and no other family member as household members. I'm not supporting anyone in the household. However, I am renting a room and paying my parents directly.
WALLSTREETESQ :

no you would not have to prove it, you would list your rent that you pay, and since you are not supporting anyone your household would be you

WALLSTREETESQ :

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