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What do I do? Attorney has student loan payments listed in Sch. J???

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    What do I do? Attorney has student loan payments listed in Sch. J???

    Is this right? I do not make any student loan payments. All my loans are deferred.

    I thought this could not be listed as an expense? And my MNI is -$1437...
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

    #2
    My MNI is -$1437
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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      #3
      My atty also has student loans in sched J. Yours should be fine since you have a very negative dmi. Mine is borderline and may have to be fixed. If you want yours fixed the atty can file an amendment to your schedule J, then there will be no questions about it later.
      Filed 8/31/10
      341 Hearing 10/5/10

      Hopefully No Asset Ch 7

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        #4
        Good luck on your 341 on Tuesday Let us know how it went!!
        Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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          #5
          Hi all,

          Tyson, at -1457 I don't think you have a problem unless your student loan payment is $1500.....

          For any lawyer types here: I can't find anything that allows or disallows student loan payments as Sch J expenses. Stuff on Ch 13 but nothing for Ch 7 Find lots of heresay on the forum, but I can't find anything in the BK code and I can't find B6J instructions.

          Thanks,

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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            #6
            Originally posted by tyson24 View Post
            Is this right? I do not make any student loan payments. All my loans are deferred.

            I thought this could not be listed as an expense? And my MNI is -$1437...
            Whether you can list student loan payments as an expense varies by district. Most districts do not allow it. If you are that much in the negative I would remove the student loan payment, since it will be a red flag for the US trustee if it is there.
            You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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              #7
              Right. I do not get why he put it there. I am making him take it off. I definitely do not need flags...especially for a payment I do not even make.
              Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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