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Trustee Knowledge about Filers Student Loan

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    Trustee Knowledge about Filers Student Loan

    How would a Trustee know if a chapter 13 filer received a federal student loan while in bankruptcy? Does he/she check credit your reports routinely to discover something like this?

    #2
    Most Trustees don't check to see what you're doing during the Chapter 13. You just need to stay within the guidelines. I would highly recommend that a person wishing to incur new debt, even a student loan, seek permission or ask their attorney first. In some Districts, the debtor is allowed to incur as much as $5K without permission.

    Please remember and realize that it is the Trustee's job to insure the debtor makes it through the plan and is in compliance with the terms of the confirmation. If you get caught doing this, then it is not good faith. Your case would be dismissed and all your creditors would come back after you.

    Additionally, there are other ways to tell if you incurred student loan debt. It is likely that you will be required to give a copy of tax returns to the Trustee. The Trustee would see your educations tax credits quite easily. Not that they are looking for this specifically, but why even rock the boat?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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