Now that I finished the means test and the majority of the "easier" schedules, I've moved onto Schedule J -- current monthly expenditures.
While I am aware that a debtor's student loan payments cannot be included as a monthly expenditure in a Schedule J (or in the means test for that matter), I can't figure out if the non-filing spouse's student loan & other unsecured debt payments are allowed as expenditures. In the means test, the non-filing spouse's unsecured debt payments are generally allowed as a "marital adjustment," so why shouldn't the same thing apply in Schedule J?
I'm leaning towards "yes": while a Debtor's student loans would go into forbearance during any bankruptcy, the non-filing spouse's student loans are still in repayment and her unsecured credit card debt ain't going anywhere.
While I am aware that a debtor's student loan payments cannot be included as a monthly expenditure in a Schedule J (or in the means test for that matter), I can't figure out if the non-filing spouse's student loan & other unsecured debt payments are allowed as expenditures. In the means test, the non-filing spouse's unsecured debt payments are generally allowed as a "marital adjustment," so why shouldn't the same thing apply in Schedule J?
I'm leaning towards "yes": while a Debtor's student loans would go into forbearance during any bankruptcy, the non-filing spouse's student loans are still in repayment and her unsecured credit card debt ain't going anywhere.
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