Student Loans/Chapter 7/Etc.

[redhead]

**Sorry if this is posted in the wrong section** Okay, I'm pretty sure I'll be able to file in the next few days, but I have a question about my student loans.

I probably have about $20k-$30k unsecured debt, and that much in student loans. I know they cannot be discharged, and I don't want them to be-- my education was phenomenal, the payments are low, and I'm on top of them thanks to my mom.

She's been paying them since the day I graduated. (I know, I know, she's an angel...)

Our agreement, however, is that once I'm in better financial shape, I will be paying them.

I don't understand if I can use this monthly expense at all in my filings. I would never lie: I haven't made those payments at all, but I need to start. How do I let the judge know this?

**I am so far below my state's median income that there's almost no chance I can't file ch 7. I just want it to be understood that I need to pay my student debt.

[jadams]

If you're way under the median, it probably won't matter if you can include them. From what I've read it varies by district whether you can include student loan payments. Let us know what state you're in and someone may be able to answer for your district.

Did you run a means test with just the basic expenses (rent, food, etc.) and see how you come out?

I wouldn't be concerned about the student loans being included in your monthly expenses unless you don't come out negative (or below $160-80ish on a means test without them.

Justbroke seems to be the resident 707b expert, but if I understand it correctly the general idea is even if you're under the median if you run a means test and have sufficient ($160+ or so / or 25% of unsecured divided by 60) disposable monthly income, they can motion for a dismissal or conversion to a 13. As long as you don't have that much disposable monthly income after the means test, you should be golden (barring some very rare exceptions).

Unfortunately another member here is facing some trouble in her case because she's not being allowed to include her large student loan payments in her expenses, and thus they think she can fund a 13. She's more of an exception, though.

[redhead]

If you're way under the median, it probably won't matter if you can include them. From what I've read it varies by district whether you can include student loan payments. Let us know what state you're in and someone may be able to answer for your district.

Did you run a means test with just the basic expenses (rent, food, etc.) and see how you come out?

I wouldn't be concerned about the student loans being included in your monthly expenses unless you don't come out negative (or below $160-80ish on a means test without them.

Justbroke seems to be the resident 707b expert, but if I understand it correctly the general idea is even if you're under the median if you run a means test and have sufficient ($160+ or so / or 25% of unsecured divided by 60) disposable monthly income, they can motion for a dismissal or conversion to a 13. As long as you don't have that much disposable monthly income after the means test, you should be golden (barring some very rare exceptions).

Unfortunately another member here is facing some trouble in her case because she's not being allowed to include her large student loan payments in her expenses, and thus they think she can fund a 13. She's more of an exception, though.

Well, I'm unemployed... and have been for a month. So as far as the means test, it's sort of useless. I have no job, no money, no property, nothing. I just used my last few hundred dollars to pay rent, and my boyfriend's feeding me.

I've made under $10k this year. I've been told that in IL, where I live, I would have to have made $23k to be at the median. Do I still need to run a means test, because that might just make me more upset? (monthly income: $0. Hard thing to write.)