Legal Question in Bankruptcy in New York

Roommates and the Means Test

I am single and have no dependents. I make $34,000 a year. I lived with two other roommates in a three bedroom apt for 4 of the last 6 months and one other roommate in a two bedroom apartment for the past two months. Do I declare myself a single household for purposes of determining income on the means test? If not, how would I average the changing household size, rent (is this part of 'household expenses'?), and contribution of non-debtors to household expenses as part of income over the last 6 months. Thanks!


Asked on 7/29/06, 11:11 pm

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Roommates and the Means Test

You MUST disclose that you have roommates and you don't pay all the rent yourself. There are several ways to handle the variables; talk with your attorney about dealing with that aspect.

If you haven't hired an attorney to see you through the bankruptcy process, now would be an excellent time to hire someone local to you. It's not wise to take on bankruptcy proceedings by yourself, especially since the new bankruptcy laws came into effect last fall.

Best wishes.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSTRUED AS, LEGAL ADVICE. FOR ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT WITH YOUR ATTORNEY.

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Answered on 7/30/06, 11:34 am
Jacob Silver Attorney At Law

Re: Roommates and the Means Test

The New Bankruptcy Law is very complicated. If you think that you can do it properly by asking questions over the internet, you are wrong, and likely to make a mistake that could jeapordize your bankruptcy. It's not worth it. Hire a Bankruptcy Attorney.

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Answered on 7/30/06, 2:02 pm


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