Dahlonega, GA asked in Bankruptcy for Georgia

Q: Chapter 7 Bankruptcy question - can i file separate from my family income?

Hello, i was wondering if I could file chapter 7 in the state of Georgia as an independent or single person family household income separate from my family. I am 27, living at home, I do pay for all my own bills and make under the medium household income in the State of GA, which is around 40k and I make 28k, working full time. My unsecured debt does exceed my income; however, my parents make well over 100k, can i file separate from their income.

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1 Lawyer Answer
Clark Dray
Clark Dray
Answered
  • Bankruptcy Lawyer
  • Broomfield, CO

A: There are multiple interpretations of what constitutes a "household" for means testing purposes. Some judges will simply count how many people are living in the domicile, others will just look at your dependants, while others will try and figure out who's part of your "financial unit". My recommendation is to set up some consultations with local bankruptcy attorneys who can tell you what judges in your district tend to do.

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