Why aren't non-dischargeable student loans made part of the means test calculation? If they cannot be discharged then they should be included in the test.
Taxes too.
Taxes too.
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Attorney Retained/Paid: 1-4-10
Online CCC-Completed & Cert Received: 1-8-10
Filed Chapter 7 1-18-10.
341 3-10-10 ~~~ Last Day to Object: 5-10-10 -
Taxes like property tax not included in a mortgage is allowed.
In the case of student loans is that the court looks at the fact that during a bk they would be in deferrment in most cases. Some districts might allow it you'd need to ask your lawyer but I don't think it is normally allowed.May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed. -
Every now and then student loans are allowed as a "special circumstance", but this raises a red flag with the US Trustee.You can't take a picture of this. It's already gone. ~~Nate, Six Feet UnderComment
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I was allowed to use student loans in my expense listing...but it varies by district. Some allow it and some don't.BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
Scores: EQ 745 EX 704 TU 710 as of 08/15/2012Comment
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What I am saying is the if it HAS to be paid then it should be included in the means test. My loan is not in deferrment so I have to pay the full payment every month. If I have to do a 13 I just stop paying it or what?Attorney Retained/Paid: 1-4-10
Online CCC-Completed & Cert Received: 1-8-10
Filed Chapter 7 1-18-10.
341 3-10-10 ~~~ Last Day to Object: 5-10-10Comment
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I'm pretty sure my student loan was counted in the expense portion along with my other secured loans to determine my disposable income.Comment
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I am in the exact same situation as you and am searching for answers as well. I also have a 403B loan that you are not allowed to list either. I am below median but when I did the Schedule J with the attorney both of these were not allowed to be included (even though, like you, I have to pay them both every single month since they are not dischargeable.) I don't know if this is something that has to be brought up in the 341 meeting or what. Because for me, with both of those to repay, it cuts my income by NET about $450 per month, so I don't see how it is fair to not take that into some consideration. It's like these debts "don't exist" and yet they cannot be discharged, which is crazy!!!!!Originally posted by Faust View PostComment
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