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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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What Schedule would you list a student loan on

Resolved Question:

What Schedule would you list a student loan on?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Hello,

So sorry to hear of your difficult situation. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

A student loan would be listed on Schedule F.
Customer: replied 5 years ago.

Thank you, XXXXX XXXXX'm not filing for BK myself but rather studying to be a Bankruptcy assistant. I had thought that student loans would go on schedule F however in my studies it was stated; "If yes to the question "Do you have a student loan"? "this is a PRIORITY debt that needs to be listed on Schedule E of the bankruptcy petition. A student loan should never be recorded on Schedule F"

 

This would not be the first mistake I have found in my study material however I'm sure you can see my confusion.

 

So if I understand you correctly you disagree with the statement from the study material and a matter of fact would say it should state

 

If yes to the question "Do you have a student loan"? "this is a PRIORITY debt that needs to be listed on Schedule F of the bankruptcy petition. A student loan should never be recorded on Schedule E"

 

Expert:  Ellen replied 5 years ago.
interesting -- let me verify my answer -- I will respond shortly
Customer: replied 5 years ago.
Thank you, XXXXX XXXXX it
Expert:  Ellen replied 5 years ago.
Majority opinion among my colleagues is that a student loan is properly listed on Schedule F. Some bankruptcy attorneys do list the student loans under Schedule E if there are assets available for distribution. The reason that this is done is because the priority debts receive first distribution of any assets. That said, often a trustee or creditor will object to the listing under Schedule E.

I hope that this helps
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you, XXXXX XXXXX