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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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when filing bankruptcy 7, and you go according to median

Resolved Question:

when filing bankruptcy 7, and you go according to median income for your state and it gives income for 1 person household 2 person household 3 person household I'm just curious does one have to be married or owuld my girlfriend who lives with me be considered a 2 person household????
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

You must have a legal relationship to claim that person. For example, father/child, husband and wife. However, if you claim your girlfriend as a dependent on your tax returns, then it would be a two person household. Otherwise, you are considered one person household for the median income test.
Customer: replied 5 years ago.
you can claim your girlfriend/boyfriend on your tax return even if they work? or do the have to make less then a certain income to beable to claim them, could you explaine to me how this works, I'm looking to file bankruptcy 7 but my mediam income is over the single income for filing but for a two person household i make the criteria. please advise
Expert:  dylatess replied 5 years ago.
You can claim a person as a dependent if they do NOT work and live with you the entire year. And I know your frsutration regarding the median income levels. But in your case you must state you are a single household. And if you do not qualify, you will need to file a chapter 13 BK and pay back a certain percentage of your debts.

Customer: replied 5 years ago.
one more really stupid question, this person wants to get married to me and I didnt want to affect them by filing bankruptcy, If we were married then the median income would be counted as 2 in household but does my bankruptcy affect them??????????
Expert:  dylatess replied 5 years ago.
You would still file an individual petition even though you are married. And though you must include and list her income, your BK has no effect on her and does not get reported against her credit.

dylatess and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
just one more stupid question you have given me so much info really appreciate it, I have a friend who lives with me he doesn't pay income tax guess yo could say he works under the table for cash, not judging anyone today got to do what you got to do to make it. but my question is can I claim them on my income tax as dependent this year and would that give me a 2 person income for filing bankruptcy if I filed next spring. to bring the medican income up for me single person im over by like 4,000
Expert:  dylatess replied 5 years ago.
sorry you cannot because you have no legal relationship with that person.
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