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Do Roommates' Resources Count Toward the Bankruptcy Means Test

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  • 04-12-2015, 07:30 PM
    oliver2015
    Do Roommates' Resources Count Toward the Bankruptcy Means Test
    My question involves bankruptcy in the state of: CA
    I am homeless living with friends. and I am planning to file a chapter 7 BK. do I have to list all of my friends assets and income on my means test since there not a part of my burdens??
  • 04-12-2015, 08:29 PM
    Dogmatique
    Re: Means Test
    No - if it's not your income, it doesn't go on your list.

    Findlaw has a decent how-to right here

    It's generally best to use an attorney but obviously there are situations where that's just not feasible. NOLO has a decent do-it-yourself book right here

    You can also get help over here
  • 04-12-2015, 08:39 PM
    oliver2015
    Re: Means Test
    thanks

    Dogmatique
    I spoke with a lawyer a while ago and he recommended that I just flat out file a BK 7 and be done with it and not to use a credit counseling service since it would probably cost as much as doing a BK 7 and I would still have all the debt over my head!! but I guess i'm in a different situation since i'm living with friends.
  • 04-12-2015, 11:00 PM
    Dogmatique
    Re: Means Test
    With the limited info you've given, if it were me I'd probably follow your attorney's advice.

    There is no shame in filing for bankruptcy, either - it is effectively saying "Okay, yes, I missed up - but I want to do the right things this time around" Take a look at the links I've provided, and educate yourself.

    Be careful, too. Every Ch 7 petition must include proof that you've completed "debtor's credit counseling", though the terminology might differ a bit. Don't get it mixed up with the service the attorney is talking about - those are basically credit consolidation services and perform a completely different job, intending to avoid filing for bankruptcy.
  • 04-13-2015, 01:10 AM
    oliver2015
    Re: Means Test
    Quote:

    Quoting Dogmatique
    View Post
    With the limited info you've given, if it were me I'd probably follow your attorney's advice.

    There is no shame in filing for bankruptcy, either - it is effectively saying "Okay, yes, I missed up - but I want to do the right things this time around" Take a look at the links I've provided, and educate yourself.

    Be careful, too. Every Ch 7 petition must include proof that you've completed "debtor's credit counseling", though the terminology might differ a bit. Don't get it mixed up with the service the attorney is talking about - those are basically credit consolidation services and perform a completely different job, intending to avoid filing for bankruptcy.

    ok so what else would you like to know if I didn't give enough info for my BK that might be of benefit to me:confused:? I am not ashamed of filing for bankruptcy nor am I proud but it is a tool that can be used for a fresh start. but I know where your coming from as some people are shameful and embarrassed for filing!! I can't even begin to imagine how they must feel or what goes through there heads when they post on other sites and posters start to badger em!! to be honest I just completed the the debitors credit counseling course and get my certificate. that's what I ment to is my lawyer told me to avoid debtor's credit counseling services as he stated it could cost as much as doing a strait out no asset BK and the creditor could still come and sue me if they wanted to!! that's when I decided just to go with a chapter 7 bk. I know one thing I don't want to go through one ever again. and thanks for the links I have been reading them and educating myself.
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