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Do I need to claim a Tax refund,student loan, and Pell Grant for a Civil court fee waiver?

West Covina, CA |

I will be receiving a Tax refund, student loan, and Pell Grant later this year but just filed a fee waiver with trial set for a year from now. Will any count as income?

Attorney Answers 3


Your income tax refund and student loan money are not income. Your tax refund is for taxes you have paid but are not owed. A student loan is just that, a loan. It is not income.

Pell Grants, scholarships, etc., are not income for tax purposes in CA. However, for purposes of a fee waiver, you may want to include your Pell Grant money. It's only approximately $5,500 and should not put you over the limit to qualify for a fee waiver. You do have a good legal argument, however, that it is not income. Your fee waiver is good until 60 days after your case concludes. Good luck.

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None of what you listed is income for purposes of bankruptcy, but you must list all of it on schedule B, F, and the Statement of Financial Affairs. In other word, you must disclose this information.

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California does not count student loans or Pell Grants as income. As for a tax refund, that would be a refund of money already earned; it was income when it was earned, not when it was refunded.

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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