Chp 7 Filing - Income

[trace]

Hello,

I currently reside in Michigan.  I live with my boyfriend and have been unemployed since November 2010 as I am attending college full-time for nursing.

Currently, I have no expenses per say as far as rent, car or cell phone.  My boyfriend pays it all for me.  I drive his car, the cell phone is in his name.

I went to see an attorney, and I understand that I have to include my boyfriend's income, but what I can't understand is this:

My attorney said that we have to include all of my boyfriend's income and with that, it puts us over the median test by about $500 per month avg.

Since we are not married, shouldn't we just use the portion of my boyfriend's income that he contributes to pay for my expenses?

Since everything is in his name, I live with him, he pays the rent for the house we live in(my daughter and I).......... how would I figure what my expenses are that he contributes to me?

Help, I paid my attorney in full, sign the contract for filing, and after sitting there for 2hrs signing all the BK paperwork, he came to me at the end and stated that my boyfriend's income doesn't met the median test and I can't file.  Now, he will not refund any of my money, except for the $300 BK filing fee.

He said he has already done all the work?

[Duncan]

Let's take in reverse order.  Tell this clown you want all your money back or your next call is to the Michigan Bar association about a complaint for refusal to refund unearned fees.  If you allowed him to keep, say, $100 for whatever time spent that would be fair, but for pete's sake he had to realize he wasn't going to file this case well before more than $100 worth of time was spent.  That should get you results and if it doesn't then file a complaint with them.

Next, the issue of counting b/f's income.  As I understand things, you are not married, you are given free rent gratuituously by the boy friend who is helping with your education -- I don't see how you have any legal claim to anything of his period.

I would get a second opinion on that issue.  I would not hesitate to file your case under those circumstances excluding the boy friend's income.  What if you lived over Donald Trump's garage and he made the same deal for you -- free room & board while you went to school;  would they have to count Trump's income in your bky?  

I think this atty is confusing the non-filing spouse rules where such income IS included, with your situation where it doesn't apply.  

I'll investigate a bit further but I would 2 step this thing --1) get your money back and 2) get a second local opinion.

Good luck!

Lee Horner

Goldstein, Horner & Horner, Attorneys

Tucson, AZ

www.freshStartAZ.info