Legal Question in Bankruptcy in Michigan

Bankruptcy / Living With parents.

Hows does living at home with your parents affect a bankruptcy case(income). How Does a bankruptcy case affect your parents? Is is possible for their home to be considered part of the bankruptcy estate?


Asked on 5/19/08, 11:46 am

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Bankruptcy / Living With parents.

If you live with your parents and file for bankruptcy, their income will be considered in the "means test" to the extent that they contribute to your living expenses. The means test determines whether you would be a candidate for filing under Chapter 7 or possibly 13. If your income (including your parents' contribution) is at or below the median (or average) income of other families in your county, you can file under Chapter 7 without a presumption of abuse. If you are over, you will need to consider filing under Chapter 13 of the US Bankruptcy Code.

Call me for further details at 248.679.1552.

Rochelle Guznack

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Answered on 5/23/08, 9:34 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Bankruptcy / Living With parents.

It only affects it where you have to list your housing and living expenses, whether it is rent, insurance, food, etc.

Your parents income is not a consideration in your bankruptcy. Their home is NOT part of your bankruptcy case unless your name is on the deed or mortgage. Otherwise, none of their assets have anything to do with your case.

If you need a bankruptcy lawyer, please contact me.

Thank you.

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Answered on 5/20/08, 1:10 am


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