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Fed Student Loans in Ch. 13

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    Fed Student Loans in Ch. 13

    I am going to try to file a chapter 7 in a few months, but I realize that my level of disposable income may push the court to require a Chapter 13.

    I know that under Ch 7, student loans cannot be discharged.

    My question: If I am pushed into a Ch. 13, can I include the amount of my federal student loans in my repayment plan?

    I'm talking a loan of a little over $12,000 right now. If I continue with the standard repayment of $283 a month, I am left with about $300 a month disposable income after all my expenses.

    Thank you for any help.
    I think of my bankruptcy less as "walking away" and more as "gnawing my leg off to get out of a trap".

    #2
    If you are pushed into a chapter 13, your student loans will definitely be included. And chances are they will file a claim. However I had 4 loans totaling about 14,000 and only 1 claim was allowed by the trustee because he felt that they were duplicates. same ss number etc. However, they have received monthly payments(which they distributed over the 4 loans equally) and now that I am at discharge they are gearing up to start up the payments again. While IN the chapter 13, the interest did not accrue, however I noticed the other day since discharge is close, they have readded all of the unpaid interest from the last 3 years. I will end up coming out about even, owing what I owed when I started. Mine were William D Ford Direct Loans (parent plus)

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