Chapter 7 Household Size

**racingzero** · 05-28-2012, 08:47 PM

My question involves bankruptcy in the state of: IL

I live with my parents and I am looking to file Chapter 7. I am currently unemployed and have absolutely no work income (my mom does help me out by giving me money to pay my car payment).

I understand that filing for bankruptcy can be a confusing and lengthy process. I believe, however, that this is based on a person's household income and not the person's individual income. While I myself would be considered very impoverished, my parents would not. I have under $50k in debt and have no assets.

I would also like to apply to have the filing fee waived once I do file for Chapter 7. The application requests my family size but only asks about myself, my spouse, and my dependents. Because I have neither a spouse nor dependents, I indicated my family size as 1 - meaning that only my income ($0) is supporting me. Do my parents have anything to do with "family size?"

So for household size/income/expenses, do I report it for myself only or do I include my parents too?

**Mr. Knowitall** · 05-30-2012, 05:12 AM

Generally speaking, your household size is comprised of "the debtor, debtor’s spouse, and any dependents that the debtor could claim under IRS dependency tests," using the IRS definitions of both "household" and "family." So they're not part of your household in terms of income, but if they're contributing toward household expenses that should be reflected on your schedules.

**racingzero** · 05-31-2012, 01:53 AM

How exactly would I reflect that? and on what schedules?

My mom pays the rent, food, and other misc. stuff.

Thanks for your help. If I could afford a bankruptcy lawyer to do this for me I would but if I was able to afford one than i wouldn't be filing for bankruptcy.