ch. 7 filing

[Anonymous]

My husband and I officially filed for ch.7 today. We passed the means test, but barely. We had been given a 1 time gift of money from my mother and a 1 time gift from my father in the last 6 months. My attourney did not include that is income as he said it needed to be recurring to count as income, not a one time gift. The amount they gave us, 2000 and 2500 was enough to put us over the means test. I've read various things about gifting money, I've seen some people stating that any gift of money needs to be reported as income and others that have said a one time gift does not need to be added to income. Has anyone experienced this and what was there outcome? I'm wondering if we should just amend the filing and list them as creditors, would rather avoid that if possible though. Thank you!

[sarge12]

---

@Anonymous wrote:

My husband and I officially filed for ch.7 today. We passed the means test, but barely. We had been given a 1 time gift of money from my mother and a 1 time gift from my father in the last 6 months. My attourney did not include that is income as he said it needed to be recurring to count as income, not a one time gift. The amount they gave us, 2000 and 2500 was enough to put us over the means test. I've read various things about gifting money, I've seen some people stating that any gift of money needs to be reported as income and others that have said a one time gift does not need to be added to income. Has anyone experienced this and what was there outcome? I'm wondering if we should just amend the filing and list them as creditors, would rather avoid that if possible though. Thank you!

---

Any debt to that close of family members would be automatically considered a gift by the bankruptcy court.

[Anonymous]

Meaning they will make is include it in our income? Or since it was a one time only gift it can stay excluded. If the court makes us add it to our income we wont pass the means test. Thank you for your help!

[sarge12]

---

@Anonymous wrote:
Meaning they will make is include it in our income? Or since it was a one time only gift it can stay excluded. If the court makes us add it to our income we wont pass the means test. Thank you for your help!

---

Listen to your lawyer, answer any questions at meeting with creditors...who will probably not even be there...honestly. You will be fine. Do not hide anything.