student loans during chapter 13 question [Archive]

trying2getby

10-14-2008, 06:31 PM

Does anyone know if the student loans are placed in forebearance as of the date the BK was filed, or not until they receive notice of the filing?

I filed 10/9 and will go into default on 10/17 unless I either make a payment or they go by the date of filing (even though they haven't received the notification yet officially -- I gave them the case#, etc. over phone on 10/10). They tell me it will automatically go into forebearance due to the BK, I am just unsure as of what date.

Should I pay them a payment? I really need to use the $$$ for other things, but if I must............:cry:

lrprn

10-14-2008, 08:59 PM

Even though your student loan isn't dischargeable, your lender still cannot ask you for any payments after you file. That would violate your automatic stay.

Be sure to check with your lawyer to be certain, but I'm betting he/she is going to say that it isn't necessary to make your student loan payment this month.



	Bankruptcy Forum > After the Discharge > Student loans > student loans during chapter 13 question PDA student loans during chapter 13 question trying2getby 10-14-2008, 06:31 PM Does anyone know if the student loans are placed in forebearance as of the date the BK was filed, or not until they receive notice of the filing? I filed 10/9 and will go into default on 10/17 unless I either make a payment or they go by the date of filing (even though they haven't received the notification yet officially -- I gave them the case#, etc. over phone on 10/10). They tell me it will automatically go into forebearance due to the BK, I am just unsure as of what date. Should I pay them a payment? I really need to use the $$$ for other things, but if I must............:cry: lrprn 10-14-2008, 08:59 PM Even though your student loan isn't dischargeable, your lender still cannot ask you for any payments after you file. That would violate your automatic stay. Be sure to check with your lawyer to be certain, but I'm betting he/she is going to say that it isn't necessary to make your student loan payment this month.