Disposable income

[Gunterwoman]

I have recently filed for chapter 13 in NEVADA with my trustee pmt Initially being 1100, which I was not thrilled about. I am a co-signer on my DD student loan which she has not paid in over a year (navient predatory student loan) and they are coming after me for payment. Payment is now 532 a month. I am full aware that student loans cannot be INCLUDED in Bankruptcy. My question is can I use that $532 monthly payment along with the other payments that are being paid outside the chapter 13 to bring down my disposable income? If I take that 532 from the 1100 disposable income it would leave me an approximately $600 trustee payment which is very doable. When I asked my attorney if this could be done he said not really. I posed these questions to him: 1. since my daughter stopped paying anything at all on this debt can they not come after me?
, 2. If in fact they have the right to come after me legally, can they garnish my wages through legal means?

my attorney answered yes to both questions and promptly adjusted my paperwork to reflect the 532 out going payment monthly and reduced my disposable income to 650. My attorney advised me that he does not think the trustee will allow it but he would try.

has anybody else run into this type of issue and if so what was the outcome? Thank you in advance for any insight you can provide.

[flashoflight]

No.

The student loan is an unsecured debt just like a credit card with only one special quality which is it isn't dischargeable. The monthly payment for the student loan going forward will depend on how much of your plan payment goes to unsecureds and what fraction of unsecureds represents the student loan. You won't be paying the student loan directly for the duration of the 13. It will be via a fraction of the $1100. So you can't use the old monthly payment as a way to favor the nondischargable unsecured student loan. In other words, the student loan gets the same unsecured dividend as Mastercard and Visa and you can't do anything about that.

There is a co-debtor stay to protect your daughter during the 13 so she might not have to pay monthly payments, but the lender could request relief from that.

They can't come after you during the 13. After the 13, you will need to deal with the student loans and can be sued, garnished, levied, etc if you or your daughter don't start paying.

[Gunterwoman]

Thank you

[NoMoney30]

I don’t have defaulted loans in my plan but I do have like 60k worth of student loans in my bankruptcy. I no longer pay them and the payment is included in my monthly bk payment. They are actually giving a substantial allocation to my student loans of my payment.