Question about the Schedules -Help

[danaf]

I printed out the schedules today and started combing through them.

My question has to do with student loans. Simply where on the schedules do they go? Do they fall under schedule E? Aren't they considered unsecured priority? The nolo how to do a 7 doesn't address this in their examples.

And they can't be included in the BK so why isn't there a place for them on Schedule J?

Also - another question. On the means test I come up at $69 disposable which is good. BUT, if I do the flex medical savings thing at work, and then put it in part 34 under C - Health Savings Account - I will come up under 0 on the means test. Isn't that bad? Maybe I shouldn't do it then.

[oldbaddebts]

Student loans can usually be placed on deferrment while you are in bk, that is why they are not on Schedule J. They fall under Schedule F, however they will not be discharged. The thought is that they are not secured because they can't take back the education. Personally, it would make sense to be on E, but I quit trying to make sense of laws a LONG time ago.

As far as the disposable.... are you over or under the median? If you are under, it is not necessary to do the expenses on the means test, but rather on the I&J. If you are above median and have to do the means test, and you can show that you have been doing the flexpay for at least 6 months or so, you can likely use it. If you have $69 on I&J, then adding $5 on a few of the miscellaneous categories should work to bring you down a bit.

Either way, $69 isn't really all that high, but personally I would rather it be around $40 if not lower. My thinking is that a trustee might say, "You have $69 now, if we can trim just a bit more, we can fit you in a 13 for 36 months"

Just to be clear...... I have no experience whatsoever in anything usefull!!!! Just going off of tons of reading and research.

[danaf]

I am under median.

Is it mandatory that I put student loans on deferrment? Without them, it is going to look like I have that much disposable income.

[danaf]

So no one knows how to deal with this on the schedules?

[danaf]

found after I posted again today that they do go on sched E.

for anyone interested....