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are student loans considered income in bankruptcy for the purposes of means test?
Response: No, they are not.
11 U.S.C. Section 101 subsection (39A) defines median family income as follows:
"The term "median family income" means for any year--
(A) the median family income both calculated and reported by the Bureau of the Census in the then most recent year; and
(B) if not so calculated and reported in the then current year, adjusted annually after such most recent year until the next year in which median family income is both calculated and reported by the Bureau of the Census, to reflect the percentage change in the Consumer Price Index for All Urban Consumers during the period of years occurring after such most recent year and before such current year."
There is no specific definition of income in the Bankruptcy Code. Student loans are not income, they are not wages, salaries, bonuses, tips, or commissions and thus should not be listed on Schedule I and the Means Test form.