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I live with my significant other, not married We have no joint accounts, other than a lease on our house. She has her own small income, and I file my taxes with her as a dependent. (Ok fudging a little). Anyway, If I file a ch 7, does my means test follow the rules for a one or two person household? I assume a one person since I'm filing alone
Verify this with an attorney, but while you're single in the marital status, you file taxes with a dependent making you a 2-person household. Now, if you're legally filing meaning you provide half or more of their support, etc, then having a multi-person household vs a single household can't hurt you really when filing CH7...it allows for more income, etc.
Best of luck!
Do you have any idea if the court or trustee compares notes? The only attorney I asked didn't seem to think so. His opinion is that they're just after assets, not caring much about tax status I file as head of household to get the advantage, since I pay all the household bills
While I'm not a Tax/BK Attorney, CPA, or Trustee...I think you will be fine. I just try to side on caution and be as prepared as possible to reduce the chance of any "hiccups" throughout the process.
Best of luck!
So, once again, I'm here to share my personal experience. Like always, everything varies and attorneys will provide the best advice.
I have/had been claiming my ex on my taxes for nearly a decade because they haven't been employed the entire time we were together and didn't start to pursue disability until after we split (there is a lot to unpack there and this isn't the place to do it, but ultimately this all led to my bankruptcy). Anyway, very long story short with many details left off, my attorney was happy that they were still part of my household since that allowed me to pass the first step of the means test (whereas without them, I was right above the cutoff and would have had to do extra steps to qualify for a chapter 7). So ultimately, in my case it helped having them as my dependent.
Definitely trust your laywer based on your situation as there can be factors that may influence how things pan out that are different from how they panned out for me.
EDIT: I kept pronouns vague on purpose, but habits are hard to break and one slipped through, so edited to correct that. lol
In my district, they don't challenge the size of the household if it's in your taxes as dependents.