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What schedule were your student loans listed?

Submitted by on Sat, 02/28/2009 - 21:48
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I had read here that my student loans would be included on my schedule J, but I am going through a company that helps you file BK (this is 7 I am talking about) and they have my student loans listed as priority debts on Schedule E.

Does that seem right to you? Their documents that I had to fill out to start this asked me to put any tax, alimony, child support, student loan debts on this one area marked Priority, and now that I am revewing the documents they are preparing, it does have them listed as Priority on Schedule E.

They are not on my means test, in fact it looks like I have extra money on my means test, but I don't since that extra pays the student loans. They have marked on my means test document that the presumption does not arise (yet I have a large amount left over after expenses). I dunno, just makes me nervous.

So where were your student loans placed in your documents?


I am not sure about the schedule, but that does not seem right to me, you are not supposed to be able to file student loans in a seven unless you can prove that it causes significant financial hardship, which that rarely happens. However, you can file student loans in a 13...but when the bankruptcy is dismissed and you are free and clear you will still owe the student loan.


Submitted by netau on Tue, 03/24/2009 - 05:59

netau

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I am doing my own research for my own case and I have read that, even if your income has passed the means test and no "presumed abuse" is found, your schedule I and your schedule J could lead them to find "general abuse" and dismiss your case if you have too much money left over after calculating expenses. It sounds like you are hoping that student loans will be an expense calculated in schedule J--I am too and I am trying to find out.


Submitted by on Tue, 04/07/2009 - 18:15

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