Expert: Terry Leeders - 5/27/2008

Question
I have no secured debt, but approx. $92000 in unsecured debt including
student loans.  I know the student loans are not discharged.

I am head of household and have a 4 yr old.  In addition I have a roommate
who is also my son's mother.  It has never been our intention to marry or to
commingle our finances.  She maintains totally separate credit cards, auto
loans and bank accounts.  I had a bank account and we recently put her name
on the account to make it easier to pay our bills.  My name still appears alone
on the checks, but her paycheck is deposited into the account and the rent
and utilities are paid and the remainder is returned to her.  At the time we
were not concerned about "commingling" just about streamlining the bill
paying.

Now I want to declare Chapter 7 and must pass the means test.  I earn
37,800/year and my roommate earns nearly 38,000 (I don't have the exact
figure).  I easily pass but together it isn't even close.  Must
I count her full income or only the part she puts towards the household
expenses?  I am not claiming her debts nor is she interested in bankruptcy.  If
I include her full income, can I claim her debts towards the means test even if
she is not declaring bankruptcy?

She certainly is not party to the bankruptcy and it was precisely this type of
issue we have sought to prevent.

If you'll allow a second question, I am a teacher and will be receiving a
summer check - basically a check to cover June, July and August.  I receive it
on the last day of June so it will skew the six months of income.  Will the
trustee accept that it is actually three months of paychecks paid out at one
time or do I have to wait until September to file?

Answer
The means test is based on your household size, and all income received for the household.  Now, you can list her contribution to the household -the amount she pays towards all household expenses -food, clothes, costs for the children, school, rent, utilites, car notes etc.  You do not have to include payments on her debts (student loans, some credit cards, etc)
If you receive the bonus during the 6 months before filing, then you must include it.  Schedule I has a section to disclose any known changes to income by more than 10% that are known/expected, so you would disclose that summer pay there.  
Be sure to speak to a bankruptcy lawyer who can help you thru the means test, advise you what deductions and allowances are permissible based on your local case law.