Binghamton, NY asked in Bankruptcy for New York

Q: Roomates income adding to mine for chapter 7 means test?

My brother lives with me in the house i own. He pays me $200 a week for rent but otherwise our finances are independent. Would I need to add his total income to mine for calculating income for the means test? Or would i just count what he pays me? Does he count for household size? I live in upstate NY and make about $55,000 annually if it matters.

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2 Lawyer Answers
Carl Nelson
Carl Nelson
Answered
  • Bankruptcy Lawyer
  • Rye Brook, NY

A: As a general matter, you would could the money he pays you, not his income. Bankruptcy is very complicated and can affect the filer legally and financially in myriad ways. I’d highly recommend you at least consult with bankruptcy counsel, most will meet without an initial charge…and it’s usually very worth it—for peace of mind if nothing else.

Timothy Denison agrees with this answer

1 user found this answer helpful

Carl  Cottone
Carl Cottone
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY
  • Licensed in New York

A: Your questions have nice Black and White answers. Yes, you count the amount he gives you for rent in Schedule I and, no, his income is NOT included in calculating the Means Test and, no, he does NOT count for household size.

Timothy Denison agrees with this answer

1 user found this answer helpful

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