What to do on my Chapter 7 paperwork about family members who areliving with mebut whoare not dependents?

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What to do on my Chapter 7 paperwork about family members who areliving with mebut whoare not dependents?

My ex-husband and I have been divorced since 1994, however I took him and my 26 year-old son in a couple of years ago because they were both homeless and jobless. The only income my ex has received in the past year is a small monthly amount for respite care for our other son who is disabled. I do not claim the ex or the 26 year-old as dependents. Neither of them are part of my Chapter 7 bankruptcy. I’m not sure if I need to list them on the paperwork anywhere. Any advice is appreciated.

Asked on November 28, 2010 under Bankruptcy Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to consider that Chapter 7 bankruptcy essentially gets rid of debts you owe.  In exchange, you usually have to forfeit ownership of such items like your home (with certain homestead exceptions) and of course your motor vehicle. The reason is while you no longer owe the underlying debt, you cannot maintain ownership of the security for that loan/debt. If you do not claim these individuals as dependants, the only thing to consider with your bankruptcy attorney or trustee is whether the expenses qualify for some sort of exemption or help as offsets to debts owed.


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