Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Proof of Claim

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  • Proof of Claim

    I am in a 100 percent plan and didn't add my student loans.. I just checked NDC and I see that my student loans added a proof of claim. It is for over 70K. Currently, I am on a income based repayment. What should I do? I have contact the attorney's office and haven't heard back from them yet.

  • #2
    With that amount now in the mix, you may no longer be a 100% repayment plan. The student loans should have been listed on Schedule F. Depending upon how your district handles these loans, payment outside of the Plan may not be permissible. You need to talk to your attorney.



    • #3
      My student loans went into forbearance the minute they received the notice that I'm filing Chapter 13. My attorney said that I can pay if I have the money or not pay, but interest still accrues. My student loan payment plan will pick up at the end of the bankruptcy and I have to pay them monthly at that point or face being in default. I was not ever late with them, so I don't have any payments included in the bankruptcy for them. They still filed a claim for the full amount I owe them but I don't have to actually pay until the 5 years is up.


      • prindia
        prindia commented
        Editing a comment
        I think they may have to report them even though we are not paying them. I will be stockpiling money to get rid of them after I am done with my payments.

    • #4
      This is why we post questions like Prinda's. Others will be in the same boat. Prinda, what status were your student loans in? My attorney said here min my student loans, since they are not dischargeable will not be included in my calculations of debt. My student loans are still in "In School" status. Like Back2Reality's attorney mine said that I will not be required to pay them while in bankruptcy but the interest would continue to accrue. The important part is that I will not be in default status on the loans.


      • prindia
        prindia commented
        Editing a comment
        My loans are in Income Based repayment and never have been late. Looking at my documents they were not included so i was shocked to see them there. I was told I could continue making my payments (which was zero for now) because I am in a public forgiveness program. When I look at my credit reports they all are listed as included in Chapter 13.

    • #5

      You were required to list ALL of your creditors no matter what payment program you were in. Because bankruptcy is public record, once your student loan lender found out, it properly filed a Proof of Claim. Your attorney should have told you that the creditor gets listed on Schedule F.

      You need to find out from your attorney how you proceed. Do you continue to openly, as part of the Chapter 13 Plan, make direct payments or is the payment (officially) limited to whatever the general unsecured creditors get through the Chapter 13 Plan?

      Talk to your attorney.

      Edt to add. If you are in a district that requires payment of student loans through the Plan (so the Trustee can make a few bucks) I would argue that since you are a 100% repayment Plan, direct payments (thus avoiding lining the Trustee's pocket) should be permissible. Not sure that argument would fly but. . .

      Last edited by despritfreya; 02-13-2018, 09:44 AM. Reason: Add comment


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