HOW MANY SHOULD I CLAIM IN A HOUSEHOLD IF I LIVE WITH MY PARENTS?

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HOW MANY SHOULD I CLAIM IN A HOUSEHOLD IF I LIVE WITH MY PARENTS?

I INCLUDED MY PARENTS’ INCOME AS HOUSEHOLD INCOME ON MY CREDIT CARD APPLICATION BECAUSE I DON’T PAY RENT AND THEY PAID MY BILLS FOR MY ASSISTANCE BUT MY FATHER LOST HIS JOB AND CAN NO LONGER HELP ME OUT FINANCIALLY BUT I STILL LIVE WITH THEM WITHOUT PAYING RENT BUT I HAVE TO PAY MY OWN BILLS NOW. I CALLED BANKRUPTCY COURTS AND THEY SAID JUST CLAIM “ONE”.

Asked on January 30, 2011 under Bankruptcy Law, Virginia

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Wow...there are several different issues here and ultimately my advice is that you need to consult with a bankruptcy attorney in your area.

First, the bankruptcy cannot and does not ever give legal advice, so I don't know who told you to "claim 1" as your household size (I assume you mean on the means test Form 22A).  The correct answer to that question is unknown and depends on what the judges in your jurisdiction "allow".  You certainly won't be faulted if you use "1", but you would need to include any support you receive from your parents as part of your income, so if that puts you over the median income, you may need to use a higher household size, which you will need to be prepared to justify under the law if it is objected to (hence, one of the many reasons you need an attorney).

Second, you didn't ask this, but the mispresentation of your income on the credit card application is a clear basis for your creditor(s) to object to the discharge of that debt in a bankruptcy case.    How likely that is to happen depends on a number of factors (and, again, you need to consult with a bankruptcy attorney in your area on this).

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 10 years ago | Contributor

Wow...there are several different issues here and ultimately my advice is that you need to consult with a bankruptcy attorney in your area.

First, the bankruptcy cannot and does not ever give legal advice, so I don't know who told you to "claim 1" as your household size (I assume you mean on the means test Form 22A).  The correct answer to that question is unknown and depends on what the judges in your jurisdiction "allow".  You certainly won't be faulted if you use "1", but you would need to include any support you receive from your parents as part of your income, so if that puts you over the median income, you may need to use a higher household size, which you will need to be prepared to justify under the law if it is objected to (hence, one of the many reasons you need an attorney).

Second, you didn't ask this, but the mispresentation of your income on the credit card application is a clear basis for your creditor(s) to object to the discharge of that debt in a bankruptcy case.    How likely that is to happen depends on a number of factors (and, again, you need to consult with a bankruptcy attorney in your area on this).

 

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/


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