Legal Question in Bankruptcy in California

chapter 7 I'm 0 vet also 0 ssi do I haft to take the means test if I do I pay people to help me do things that I can't do also I pay someone money to help out my 92 year old dad could I claim that money

Asked on 7/14/13, 8:17 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

I'm not entirely should what your question is. All individual debtors have to file a means test form. Social Security benefits do not count as income on the means test. If you are a disable veteran "whose indebtedness occurred primarily during a period" when you were on active duty or while you were performing a "homeland defense activity" you re exempt from taking the means test even though you still have to sign and submit the means test form.

The rest of your question seems directed the possibility of someone challenging the reasonableness of your expenses. If you are disable and hire someone to perform tasks such as driving you to medical appointments or things like cleaning your house, those would probably not be challenged in court. I think the same would true with respect to taking care of your father.

That being said, it would be important to have your entire situation reviewed by a local bankruptcy attorney to be sure.

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Answered on 7/15/13, 10:58 am

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