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    Have a Free 30 Minute Consult Tomorrow

    What are my "must ask" questions? I have some written down already, but I am sure I will leave there forgetting to ask something important.

    #2
    Ok, just got back from my 30 minute consultation. Unfortunately, she said it's not worth filing because I make too much money. With my disposable income, I would have to pay back 100% of my unsecured debt.

    This is the best part. Student loan payments cannot be used when calculating disposable income. How f***ing stupid is that?

    So even though I have to pay my student loans each month, the calculation used to determine my disposable income doesn't care.

    I am convinced student loans are the work of the devil since I will be in a living hell until the day I die trying to pay them off.

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      #3
      Originally posted by Frodo View Post
      This is the best part. Student loan payments cannot be used when calculating disposable income. How f***ing stupid is that?
      What is owed on student loans is included in the debt totals but because student loans are non-secured, the Means Test treats student loan payments like any other non-secured debt payments - none of them are included. If they were, then credit card payments could be included as well.

      Personally I believe this situation is very unfair since student loans may indeed be non-secured, but by law they cannot be discharged in bankruptcy 99.9% of the time. Quite a Catch 22.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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        #4
        It certainly is unfair. I am thinking the laws on bankruptcy and student loans need to be revisited and modified.

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