Chapter 13 has a limit of 336,000$ in unsecured debt. I have less than 300,000 $ in unsecured debt unless I include my student loans. I intend to repay my student loans at the completion of the chapter 13.
Keep in mind that the debt limits in Ch. 13 are expected to increase on 4/1/10, no April fools. You should seek the assistance of counsel to 'check the math', and determine the best course of action.
Unfortunately, the student loan debt counts even though it is nondischargeable and you intend to repay it. An bankruptcy attorney may be able to review your entire situation and see if you have other options.
You have not given us enough information to work with. How did you calculate the means test? you may be a Chapter 7 and not even know it. 11 USC 109: Who may be a C13 debtor, limits for unsecured debt is $336,900. The student loan must be listed.
Highly suggest you make appointment with BK attny.
