How do you determine household size for the Bankruptcy Means Test?

The US Trustee’s guide to the Chapter 7 Means Test states that household size is the debtor, spouse and any dependents that the debtor could claim under IRS dependency tests. IRS publication 501 which shows the requirements for claiming exemptions for a dependent. “Qualifying Relative” can be parents who do not live with the debtors if the gross income and half of total support tests are met.

Many attorneys mention the “heads in beds” test. In other words, I have you hav a bed for a head in your house, you can claim that individual as a member of your household. The one additional requirement is some type of filial relationship. In other words, there has to be a blood or legal relationship to claim someone as a dependent.

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