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Posted on November 12, 2007 by Jonathan Alper

Is Unmarried Girlfriend Or Boyfriend Part Of A Bankruptcy "Household?"

People whose annual income is under Florida median income do not have to pass a "means test" to file Chapter 7 bankruptcy. Applicable median income depends on the size of your household. Household size is not the same as "family size." Many people have family members not living with them in the same household. Last week I received a phone call from a prospective bankruptcy debtor who lived in the same household with his girlfriend. They had a child living with them. The question is whether an unmarried "girlfriend", "boyfriend" or even a friend splitting rent is part of a household for bankruptcy purposes where there is no legal relationship between the people involved. In that particular case, I think the debtor includes at least his child as part of the household, but I am not sure if the girlfriend is part of a household for bankruptcy purposes. I am not aware of any court decision defining the limits or definitions of "household" for purposes of the means test. There probably are some cases which have discussed the topic, and I would appreciate a reference if any reader is aware of case law on this issue.

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Here is a reference to a case in Minnesota

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