Preferential Payment Issues - BK Pre-Planning

[danaf]

also - no it all, I was aware that student loans cannot be added into the means test to reduce income in order to pass the MTF however I was told that they can be added into the schedules since they cannot be discharged - so in the end, they will reduce what I have left every month. I hope at least that this is correct.

[no_it_all]

They are not priority debts..OMGd..if an attorney tells you that ...RUN! they have NO idea what they are doing...Put them on Schedule F...There are like two priority debts...child support and taxes....OK, three...stuff you have been sued for while you were drunk..that is IT..........

[no_it_all]

also - no it all, I was aware that student loans cannot be added into the means test to reduce income in order to pass the MTF however I was told that they can be added into the schedules since they cannot be discharged - so in the end, they will reduce what I have left every month. I hope at least that this is correct.

Bingo! Yes! that is correct..Not <exactly> sure how these numbers on a schedule actually help anyone that has passed the means test though <shrugs>..it is almost moot. Just put them on Schedule F

[danaf]

believe me - without the student loans, then I'd have that much extra a month which would push me into a 13. I also used the IRS allowable figures for my budget - a little off topic but just to say without the loans, there would be very little wiggle room. - if that makes sense. Right now, I'm at about $60 disposable which I think is where I need to be.

I'm glad I posted about this. I will look into the forbearance thing for the one student loan that I pay 275 a month on. The other at 145 is moot - except that I will only pay 145 for now. Even if they automatically go into forbearance when I file, I think I should be able to answer no on the more than 600 at the time I sign the paperwork.

This thread has been most helpful and I appreciate all of the responses I received. Dana