Question
Do I have to report how much my mom gives me on my bankruptcy file?
I am in the process of filing bankruptcy. I live with my mom who receives social security income. She has a bank account as well as I do at the same financial institution. I transfer funds from her account to mine at her discretion to pay bills or what have you. She occasionally tells me to transfer x amount to help with my bills, or otherwise. Does that have to be reported on the bankruptcy intake form or not? There is another person living in the household as well, but he now receives social security income, but was not working for more than a year before that started. Does he have to be included in the bankruptcy?LawQA.com Answer Library
Answered By: Financial Relief Law Center
Disclosing in bankruptcy is key to avoiding problems going forward. I would recommend disclosing any income you're receiving, regardless of the source, even if it is small. It's better to be safe than sorry. If your mom is collecting Social Security and is transferring some funds each month to your bank account, then it's probably not enough to make or break you on the income part, but I can't be sure because I haven't seen your total income. If the person living with you isn't providing rent payments, and isn't a dependent then I don't believe it has any bearing on your bankruptcy filing. Only the income that you receive in the 6 months prior to filing must be disclosed.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
If all of you co mingle monies, yes. It has to be reported. But it is money from social security so the trustee can't make you convert to Chapter 13 based on that.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If your mom occasionally pays for some of your bills this is probably not considered regular income. However, if youlive with her and share expenses then it is income and expense that should be in schedule I and J in the petition.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Mark J. Markus
If I'm understanding you correctly, you are telling me that your mother gives you gift income to help you pay YOUR bills. If true, you absolutely must report the amounts received in the 6 months prior to filing your case on the Means Test form. Whether you include it on Schedule "I" (current income form) or not depends on whether it is going to be an ongoing contribution or not.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
All income you receive must be reported. However it sounds like you should be well within the income limits allowed.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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