Are student loans and back personal taxes considered non-consumer debt as far as the means test is applied in a Chapter 7?

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Are student loans and back personal taxes considered non-consumer debt as far as the means test is applied in a Chapter 7?

Asked on May 7, 2013 under Bankruptcy Law, Arizona

Answers:

Monique Okoye / Vulcan Legal Group

Answered 8 years ago | Contributor

Generally student loans and personal taxes are considered consumer debt. However, they are not dischargable in a bankruptcy proceeding. (except in very narrow circumstances) If you are currently in a payment plan for the debts, then you may include them in your means test. Particularly the tax debt as it is a priority debt.

Good Luck.

 


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