Miami, FL asked in Bankruptcy for Florida

Q: I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food.

I live with my BF in his paid off home and his income is SSD. I pay all the expenses in the house including food, utility and home insurance. question, is my BF income need to be included with my income in chapter 7? All the debits are mine and under my name . He is not filling for bankruptcy either.

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4 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: The issue of household income is separate from what debts exist and who is filing for bankruptcy. The household income is to determine the means test only. Who is a member of your household is the next question. If your attorney believes your BF is a "member of the household" for means test purposes, then yes, that income would be needed.

1 user found this answer helpful

N. April Norton
N. April Norton
Answered
  • Bankruptcy Lawyer
  • Lone Tree, CO

A: The means test, or the vehicle used to determine your eligibility based on household income in the complete six (6) months prior to case filing, excludes social security income- your boyfriend's income is not required for this piece. However, Schedules I and J reflect projected household income and do require inclusion of all sources. Because you are paying insurance on his home, I highly recommend consulting with an experienced bankruptcy attorney in your area to flush out this issue. If you are paying rent in lieu of insurance, the discussion will be different. Bottom line- your boyfriend's income will not impact your eligibility to file utilizing the means test. Best of luck!! ~

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes, his income is included for the means test.

1 user found this answer helpful

Paul Cain
Paul Cain
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Ponte Vedra Beach, FL
  • Licensed in Florida

A: Generally, Social Security benefits--of any type--may not be counted as income on your bankruptcy petition. Your attorney should discuss the Means Test with you (also known as Form 22A - Statement of Current Monthly Income/Means Test in a Chapter 7 and Form 22C - Current Monthly Income/Disposable Income in a Chapter 13).

However, it's important to note your living situation in its entirety so that your household size and income can be determined according to applicable standards.

Good luck to you, I hope you get the answers you are looking for!

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