Surely I need to include them somewhere because they are non-dischargeable and I have to pay them no matter what.
However they are not secured debts that you get credit for on the means test.
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. . . 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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There is no deduction for student loans on the means test, unfair as it is.
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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.
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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.
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
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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!
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!
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.