When doing the means test, are you able to put student loan payments ?

Asked about 1 year ago - Tucson, AZ

When filing out the chapter 7 means test or chapter 13 22c form, are you able to put deferred student loan repayment on there to show a lower disposal income?

Attorney answers (6)

  1. Douglas Garth Edmunds

    Contributor Level 12

    11

    Lawyers agree

    Answered . No, and you should write to your Representatives and Senators and yell at them about it. Seriously.

    Douglas Edmunds is in the business of helping people and companies file for bankruptcy protection. The bankruptcy... more
  2. Joseph Wrobel

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . Student loan payments are not included in the means test.

    Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our... more
  3. Steven W Zachary

    Contributor Level 17

    8

    Lawyers agree

    Answered . You have the answer. You should talk with an attorney if you are on the boarderline of Chapter 7. There may be ways to ease the pressure points insteadof filing BK. If you need to file, you will want to do a correct means test calculation.

  4. Diane L Gruber

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . Nope!

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  5. Diane L Drain

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . Please understand that bankruptcy is a complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy.

    Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don’t assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them – the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney.

    When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of “bankruptcy” attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

    IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

    This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the... more
  6. Robert Michael Fox

    Contributor Level 10

    7

    Lawyers agree

    Answered . Unfortunately no. You cannot even include them on Sch J. They are treated as unsecured non priority Sch F creditors; the only difference being they are non-dischargeable.

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