Unsecured debt limits?

[cyn5]

Hello - just a question about the unsecured debt limits. I understand for ch 13 the max unsecured debt you can have is 336k. If I am over that, then I must file for ch 7, is that correct? (over 200k in private student loans, 80k in federal student loans, 38k in credit cards). I make about 90k a year, have a mortgage (want to keep) and a car (want to keep). From what i have been reading on this forum, lots of lawyers seem to want to push you into 13 since they make more. I am hoping that will not be the case with me. I make about 90k a year, and on top of my mortgage and car payment (want to keep) as well as all the other expenses, I think I will be okay filing for ch 7. Thoughts?

[ansky0007]

Please be aware that student loans are NOT dischargable.

[liz417]

Hi,


Without more info on family size, expenses, there's no way to tell if you qualify for a ch 7or ch 13. Here's a site to go to do the means test: http://legalconsumer.com Eventhough you are probably over the median, you may still qualify for a ch 7 depending on your family expenses.
As the previous poster said, student loans are NOT dischargable.

[cyn5]

Thanks, I know that federal student loans are not dischargable, but I have read that in some cases private student loans can be or even partially discharged. And T.E.R.I. (private loan lender) is in chapter 11 right now which is who I have most of my private loans with...perhaps it could be easier to get those loans discharged:-) Everyone always gets fixated on the student loan thing. Anyways.... Liz417 (or anyone else who can answer)...if one spouse is claiming bk, how is it determined how much the other spouse contributes to your debts? If only one spouse is filing and you have children, how do you determine your family size? And what about mortgage & cars that are joint (we are planning on keeping house (we are within homestead exemption) and one car was just financed so there is no equity and other car is a lease)....do you put the full amount down for your mortgage if it is joint? Or do you take half of the payment and put it down on your means test? I know it is really tricky when one spouse files and the other doesn't. thanks for your help.