How do I determine the amounts to list on sch. J. It is showing that I still have $225 income left after expenses have been paid. This isn't entirely accurate as I pay part of my girlfriends car payment (we share her car) Can I list my portion of the car payment even though the car is not mine? We also share all other expenses not as she pays this and I pay that but we put all of our money together every month and pay all of our bills. there is very seldom anything left over!! Will it look weird since I list a car payment as an expense but do not list a car in the bankruptcy? Is $225 left after expenses too much for me to file chapter 7?
Preferences of local panel trustees and the US trustee vary by area of the country. In some jurisdictions you would be challenged about an additional $225, in some it would be ok.
However, if you live in the same household as your girlfriend, and particularly if you co-mingle all your income and expenses as a single household unit, then you should probably be listing the entire household income on Schedule I and all the household expenses on Schedule J.
Your budget will need to reflect the entire household picture. The same is true of the means test forms.
A Pennsylvania bankruptcy attorney can best guide you in preparing your schedules for filing with the court.
Jay Perez is an Attorney at Law, licensed to practice before the Supreme Court of Indiana, Federal District Court for the Northern District of Indiana, and the Federal District Court for the Southern District of Indiana. The private law firm of Macey Bankruptcy Law is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code and can be reached at 888-743-5787 or www.maceybankruptcylaw.com
You probably have not accurately listed your shared income with your girlfriend on Schedule I “Income”. The net effect may be to reduce your excess income on Schedule J “Expenses”
As to expense, “shared vehicle with girlfriend” doesn't sound too bad
If you mix everything together, list the income that she contributes to the household on Schedule I and then include all household expenses on Schedule J. If you share the car, list the entire amount as income and then as an expense with an explanation. Fix the income side first, then look at ALL household expenses. Weekly expenses are multiplied by 4.33 and bi-weekly are multiplied by 2.17. Don't forget haircuts, toiletries and the like. Look at bank statements for all expenses and you will find where the rest of the money goes.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
List all the household income on Schedule I and all the household expenses on Schedule J.
The best advise to account for all your expenses is to review your credit card statements and bank statements and itemize everything that you purchased over the last few months. You will be surprised to see what's missing on your Schedule J.
Remember to include charitable donations, dry cleaning, medications, dental/doctor/specialist co-pay's, gasoline, etc.
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