Legal Question in Bankruptcy in California

Re: Chapter 7 Schedule I other income

If it's not a loan, then it must be included in the means test calculations on Form 22A, but you don't need to include it on Schedule "I".

Re: Chapter 7 Schedule I other income

Attorney Markus is correct - it must be included in the means test form, given that it is income received within 6 months of your filing date. You can, however, note on that form changes in income, and I would include a statement to the effect that you received it only until 4/09, and that you will not receive it going forward. The means test only creates a pressumption of abuse, so if this puts you over the income limits, you can still argue that your bankruptcy is not abusive because you will no longer receive that income, or alternatively, you can wait to file. In either case, unless you and your mother agree with 100% certainty that it was a loan, and not support as you indicated, don't try to re-characterize it as a loan just to avoid showing it as income.

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