What is the Household Size?

This normally is an easy question to answer, and it can make a big difference in whether you qualify for a Chapter 7 bankruptcy.  In New Jersey, a single filer living alone can make up to $60,322 and qualify for a Chapter 7 without going through a more onerous Means Test.  For a household of (2), the amount jumps to $67,503, for a household of (3) up to $84,896 and for a household of (4) up to $101,957.  Your household size naturally includes your spouse and children.  What about in-laws?  Yes, they can be included if they have been living under the same roof and if they cause expenses.  The caveat is that the in-laws’ income would also have to be included if they contributed toward paying the expenses.  Live-in boy/girlfriend can possibly be included as part of the household size.  Even foreign exchange students under the right circumstances.  A reasonable approach is whether the person is part of the economic unit and their dependency on the filing debtor.

Advertisements