I have lived with my boyfriend for four years, and he pays all household costs and supports me. He claimed me and my daughter as dependents on his income tax return this year as well. I have no income and am being sued by creditors and need to file for bankruptcy.
Many people can file for bankruptcy but the more important consideration is what the result of such filing potentially could be. For example will you be able to successfully discharge all or part of your debts if you choose to file and whether you will be required to liquidate non-exempt assets for the benefit of your creditors. Nothing you mentioned here prevents you from filing a bankruptcy case. However, you'll want to discuss the details of income, assets, debts, and living expenses with a bankruptcy attorney to determine if you qualify for chapter 7 discharge and whether your assets are exempted.
You'll need to consult an attorney with all the details. Please call for appointment or another attorney before you make a determination which could potentially harm you in the future.
Your situation shouldn't cause you problems filing bankruptcy. Contact an experienced bankruptcy attorney for details about what options are available to you.
In New Jersey, you would file as a single, but his income (which would be household income) would be considered and taken into account. Please check with an attorney in your state.
You should ask a tax expert, but I don't believe that your boyfriend can claim you and your daughter as tax deductions. You will have to produce a copy of your tax return, so you may have some problems with the IRS. That is why you need to speak with a tax expert - which I am not - before you file a bankruptcy petition.
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