I am in the process of gathering information to file chapter 7 bankruptcy...and my income consists of TANF (cash/welfare), SNAP (food stamps), unemployment, child support, and student aid (Pell Grant+Cal Grant+Stafford Loans). I am told that bankruptcy rules as far as income goes is very restrictive when it comes to the fee waiver and the means test, and counts even public assistance as income. I am confused as to where a student loan would fall though. I know that I can't discharge it... but do I have to count it as income for the fee waiver or the means test since I have to pay it back?
I think borrowed money is not income and would not include it as such.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
It is a loan, not income. Just like money charged on a credit card will not be income. Now if you get grant money that you don't have to pay back that's different, that would be income.
The Pell Grant is not a loan. Thus, that would have to be included as income on the Means Test.
What must be shown on the application to waive the court's filing fee is another matter. You need to read the local rules and/or any standing orders on this. Some courts have information about pro se filing and about applying to waive the fee on the court's website.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
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