Keywords: means test . income . IRS standards . median income .
Means Test > Household Size > Household Size: Live-in Relatives & Roommates8 Cases , IssueID 26 |
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Ch 7 Means Test |
Ch 13 Means Test |
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Topic Description:Some courts follow the Census bureau's "heads on beds" test Ellringer (who was in the household on the filing date). Other courts look to the definition of dependent from the IRS. You need to know what theory your jurisdiction follows. Here are a few selected cases. If you meet both tests, you're probably fine. Note that the U.S. Trustee's office advocates the IRS dependents test, but it depends on what your judge thinks. Lines of Cases:
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Debtor can include roommate in household but does not have to include all of his income. Follows "heads on beds" test.; Jewell
debtor's household size included two adult children who lived with them, court after analyzing the various tests courts have used to answer this question, applies the "economic unit test" and finds that one of the two children cannot be included
Roommate, under the circumstances, makes a household of two. Court applies Census bureau "heads on beds" standard to determine who is living in the household.
household size changed after petition date when daughter moved in, court allowed increase in household size for determining commitment period
concluding that a debtor who lived with his mother must include any amounts she paid on a regular basis for the debtor's household expenses in calculating his CMI, as the mother qualified as "any entity" under Section 101(10A)(B)).
debtor's household size included two adult children who lived with them, court after analyzing the various tests courts have used to answer this question, applies the "economic unit test" and finds that one of the two children cannot be included
Roommate, under the circumstances, makes a household of two. Court applies Census bureau "heads on beds" standard to determine who is living in the household.
Debtor can include roommate in household but does not have to include all of his income. Follows "heads on beds" test.; Jewell
household size changed after petition date when daughter moved in, court allowed increase in household size for determining commitment period
concluding that a debtor who lived with his mother must include any amounts she paid on a regular basis for the debtor's household expenses in calculating his CMI, as the mother qualified as "any entity" under Section 101(10A)(B)).
All Cases A to Z
If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.
Also, you need to be familiar with the concept of "jurisdiction." Here are some helpful links:
When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type). Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."
NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.