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

Asked 5 months ago - 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. Daniel J. Winter

    Contributor Level 10

    10

    Lawyers agree

    Answered . 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
    BankruptcyLawChicago.com
    djw@DWinterLaw.com
    312-789-9999
    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... more
  2. Shaye Larkin

    Contributor Level 20

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    Answered . 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... more
  3. Brad Bader

    Pro

    Contributor Level 8

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    Answered . 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.

  4. Kevin Benjamin

    Contributor Level 12

    4

    Lawyers agree

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

    I am considered a "debt relief agency". I help Illinois people file for bankruptcy under the U.S. Bankruptcy Code.... more
  5. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . 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!

  6. Jay Steven Lowenthal

    Pro

    Contributor Level 5

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    Answered . . . . 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.

    All areas of law and cases written about them comprise many volumes of material. There are weekly/daily updates... more
  7. Eric Charles Lewis

    Contributor Level 17

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    Answered . 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... more
  8. Brian Andrew Hart

    Contributor Level 3

    2

    Lawyers agree

    Answered . 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.

  9. Richard D. Granvold

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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!

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