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Where do I enter payments to student loans on the Chapter 7 or Chapter 13 means test?

Arlington Heights, IL |

Surely I need to include them somewhere because they are non-dischargeable and I have to pay them no matter what.

Attorney Answers 9

  1. However they are not secured debts that you get credit for on the means test.

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  2. . . . nor are they priority debts which could be deducted on the means test. Are you an above-median debtor? If not, you would have to list any deductions.

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  3. There is no deduction for student loans on the means test, unfair as it is.

    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.

  4. Where I practice in Indiana, student loan payments cannot be counted on a Chapter 13 determination of disposable income (Form B22C) but they may be listed for CONSIDERATION on a Chapter 7 means test (Form B22A). There is no proscribed deduction for such payments in either analysis as of right.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

  5. As stated previously, nowhere on the means test, but you can put the monthly obligation on your Schedule J. If you're doing online research on the means test yourself, I have to stress that you should hire an attorney if at all possible.

  6. There is no deduction for student loans in the means test. It is best for you to talk to an experienced bankruptcy attorney to discuss your case before filing more documents. The forms are not just forms and have consequences. An attorney can help explain how everything would work in your situation, and what will happen. It will cost more for an attorney to "fix" your case than if you consult with one before you proceed further.
    Daniel J Winter
    Offices in Oak Lawn, Chicago, Gurnee, and Skokie, Illinois

    Any advice given is general in nature and cannot be relied upon until the client retains the attorney after a full interview and review of the facts of the situation. No attorney-client relationship exists until a retainer agreement is signed and fees are paid.

  7. There is no express deduction anywhere in either chapter 7 or 13 that I know of. You don't list them in a ch 13 on Schedule J but do in ch 7 in Schedule J. You always list in Schedule F no matter what. You should NOT assume they are always non dischargeable. SEE MY WEBSITE WHERE I LIST ABOUT 40 STUDENT LOAN LAWSUITS IN BANKRUPTCY ADVERSARY CASES AND THOSE CLIENTS SAVED OVER $3 MILLION IN STUDENT LOANS I HAVE DISCHARGED! But it is a hard road to go down in arguing those and some states harder than others even though same language in the Bankruptcy Code! One case I won at trial is before the 9th Circuit on briefing right now on appeal!

  8. Why would you assume that Congress would have give people filing bankruptcy a deduction for student loan payments ? You can't be so gullible as to think Congress acts rationally or even fairly! Hope this perspective helps!

  9. As mentioned, there is no place for a means test deduction for a student loan. You also need to be aware that in the case of a Chapter 13, there as multiple trustees. There is a lot of variation in how each trustee will allow you to treat student loans and if they must be paid in the plan or may be paid outside of the account.

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