You are here:

Bankruptcy Law/Bankruptcy Dependents

Advertisement

Expert: Norma Duenas - California Bankruptcy Attorney - 11/9/2009


Question
Can an elderly parent who lives with me and whom I support be claimed as a dependent in a Chapter 7?
Also can I claim my 26 year old brother and his wife (both unemployed) who now live in the house with us?
Or should we just wait until my now pregnant wife gives birth and leaves her job?

Answer

California Bankruptcy
First the issue of who is considered a dependent and household size generally varies by jurisdiction. I would suggest that you consult with a local bankruptcy attorney to determine what the position with regards to claiming certain dependents in your jurisdiction is. With regard to your elderly parent generally you should be able to claim them as a dependent if you are providing for their support. As to your brother and wife who are unemployed, I would argue that they are dependents if you are providing for their support. Although this issue is arguable, many trustees have taken the position that adult children and relatives are not dependents. Some jurisdictions determine who is a dependent on the basis of who qualifies under the IRS standards and others use different standards. It would benefit you to check with an attorney in your area who may be familiar with circuit court or bankruptcy court holdings in your area that affect this matter.

http://www.socaladvocates.com

Norma Duenas - California Bankruptcy Attorney

Expertise

Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County

Experience

Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.

Organizations
California Bar Association American Bar Association Riverside Bankruptcy Attorney

Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society California State University, Los Angeles MS in Criminal Justice University of San Diego, Law School, JD Cum Laude

©2012 About.com, a part of The New York Times Company. All rights reserved.