Fuel and Student Loans and the Means Test

[Poppie]

Just wondering if there was any way to include student loan payments on the means test since they cannot be included in the BK?

Also, I work in a different city than I live, which means I have a massive commute. My fuel costs alone are higher than my state's transportation allowance. Is there any way I can include this extra cost in the means test?

I'm just slightly over the median income, so I'm looking for ways to get below it and thought one or both of these might be possibilities. I have a meeting set up with an attorney at the end of the month, but wanted to check here first. Thanks!

[lrprn]

Just wondering if there was any way to include student loan payments on the means test since they cannot be included in the BK?

There's no way to predict what's going to be allowed in your local court. Some trustees are ok with including student loan payments as expenses, others' will deny them because student loans are placed in deferment during bankruptcy. If you are using a lawyer to file, he/she can advise you what's going to fly in your area.

Also, I work in a different city than I live, which means I have a massive commute. My fuel costs alone are higher than my state's transportation allowance. Is there any way I can include this extra cost in the means test?

You have to use the required amount on the Means Test, but can use your actual expenses on your Schedules. Since it sounds like you are going to be well above the amount allowed, you need proof that your expenses are what you say because your trustee is going to question it. Again, a local experienced bk lawyer can advise you what's going to be accepted.

Good luck meeting with the attorney. Do meet with several others in your area as well so you can get a cross-comparison between them - you well could get different answers from each of them - and get a feel for who you think you can work best with.

Go in with a list of questions and write down the answers each time you meet with a different lawyer so you can remember what was said later. After awhile the answers are harder to remember along with who said what

[Poppie]

Thanks! I do have proof of my gas costs since I always pay with my debit card.