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student loans during chapter 13 question

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    student loans during chapter 13 question

    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............

    #2
    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.
    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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