San Diego: New Ruling Allows Student Loans to be Discharged in Chapter 13!

[fyi2]

Discharge is a Discharge!

Why is it ok in 13 and not appropriate in 7 ?!?!?!?

[justbroke]

Well, there are several things that need to occur.

1. You need to be in a Chapter 13
2. You need to add the Student Loan creditor as an unsecured creditor (Schedule F).
3. You just need to file your plan and hope that they don't notice.

In these particular cases, the debtors were lucky that the Student Loan creditor didn't notice and file an Objection to Confirmation. Unfortunately, it continues to be precedence that confirmation can modify the rights of anyone including primary residence mortgage creditors as well! Creditors need to pay attention to Chapter 13 Plans, or be... left out.

[dingdong]

DANG!

Wish I had filed a 13 and hope the dept of ed would have missed the creditor objection date!

Wouldn't have happened ( well maybe with a little Karma god help, but I doubt it, but still...) I bet that debtor was jumping up and down an peein' his pants.

maybe Teacher Mama will have that kind of luck if she can get the payments within her plan and the creditors fail to object to the plan.

Here's hopin'!

[StartingOver08]

Great post willbfree! Here is the case that the article cites: http://www.************************/.../needelman.pdf

[willbfree]

Oops sorry. Can a mod move this to the Ch 13 please.

[willbfree]

http://preview.tinyurl.com/kkvkdu