student loans on form 22a/means

[iwannawon]

i'm surprised i couldn't find this in the search results. please let me know if i overlooked it. I know student loans can't be dismissed. i'm reviewing the paperwork one attorney gave me after the initial consultation. it's form 22a. it shows my income, deductions/expenses, and desposable income.

the only section for debt that i see is for secured debt. where do student loan payments go? i need the final figure to be slightly positive so we can keep the car/house but if i don't include the student loan payments it doesn't show our real expenses. if i leave them out and it says we have $1 left will they ask how student loans are paid? or if they aren't included and the remaining income is too high, can i tell them it's to cover the loan payments?

seems like a big oversight if it isn't included anywhere.

thanks.

[backtoschool]

i'm surprised i couldn't find this in the search results. please let me know if i overlooked it. I know student loans can't be dismissed. i'm reviewing the paperwork one attorney gave me after the initial consultation. it's form 22a. it shows my income, deductions/expenses, and desposable income.

the only section for debt that i see is for secured debt. where do student loan payments go? i need the final figure to be slightly positive so we can keep the car/house but if i don't include the student loan payments it doesn't show our real expenses. if i leave them out and it says we have $1 left will they ask how student loans are paid? or if they aren't included and the remaining income is too high, can i tell them it's to cover the loan payments?

seems like a big oversight if it isn't included anywhere.

thanks.

This is a very tricky question. Whether or not you can include student loans in your expenses on the means test and in your budget varies by district. Some trustees allow it, some don't.
You will need to ask your attorney if student loans are allowed as expenses in your district.

[iwannawon]

thanks. since he didn't include them anywhere i'm assuming they can't be included. it's a federal form though right? guess i'm surprised there's not a line somewhere. not sure how anything can be accurate/complete if they at least aren't shown.

[backtoschool]

thanks. since he didn't include them anywhere i'm assuming they can't be included. it's a federal form though right? guess i'm surprised there's not a line somewhere. not sure how anything can be accurate/complete if they at least aren't shown.

They are not included automatically as a line item expense. When people include them, they include them as a "special circumstance" under the "special circumstances" section, and this either raises a huge red flag with the trustee, or it is accepted as a special circumstance, depending on district.

It's not straightforward at all unfortunately.