Which schedule do you list student loans on in a Chapter 7 bankruptcy?

Answer 1

Answer

It probably doesn't matter since most student loans are non-dischargeable (see 11 USC 523(a)(8), which says that student loans may NOT be discharged in bankruptcy if they are "for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor�s dependents."). If they are of the dischargeable nature (rare), I normally put them on Schedule F as an unsecured, non-priority creditor. If they are of the non-dischargeable variety (which is most of them), I normally list them on Schedule E and list them as a "tax or other governmental loan." Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Yes, you need to list student loans on your bankruptcy petition. You will need to list them on Schedule F. you have to be sure to note this debt on the Statistical Summary (Form 6) under type of liability "Student Loan."

Answer 2

Tax debt is listed on Schedule D - Unsecured Priority Debt. Tax debt is probably not dischargeable but still needs to be listed. Whether it is dischargeable depends on what the tax lien is for. If you are unsure, ask your bankruptcy attorney or, if you don't have one, contact the IRS bankruptcy division and ask if the debt in question is dischargeable.

Answer 3

Student loans are listed on schedule F.