Fed Perkins Student Loan

[zoomzoom]

Ok, so we filed under the Old Law about 10 months ago. The people from which I have my federal perkin student loans wants the monthly installment and/or the payoff paid off. I know this debt is non-dischargeable, but I also know I'm not allowed to make any payments b/c all my disposable income is going towards our plan. My school is saying they never got notification from my lawyer. Can I just send them the copy of my letter of confirmation or should I have my lawyer handle this? They are saying if they don't get payment by 08/01 (tuesday!!!), they'll take action 'according to the terms of my promissory note' and it will be reported to the CRA's. What should I do???? My other student loans - Stafford loans - are being handled by an outside company per Trustee's orders....

[JeepMom]

I would call your attorney on monday morning.

[tictacsir]

Ok, so we filed under the Old Law about 10 months ago. The people from which I have my federal perkin student loans wants the monthly installment and/or the payoff paid off. I know this debt is non-dischargeable, but I also know I'm not allowed to make any payments b/c all my disposable income is going towards our plan. My school is saying they never got notification from my lawyer. Can I just send them the copy of my letter of confirmation or should I have my lawyer handle this? They are saying if they don't get payment by 08/01 (tuesday!!!), they'll take action 'according to the terms of my promissory note' and it will be reported to the CRA's. What should I do???? My other student loans - Stafford loans - are being handled by an outside company per Trustee's orders....

are you still in school?

[aa06a47]

I would send them your confirmation and reminder they are in violation of the automatic stay. I would also contact your attorney to help work things out.

[SinkingFast]

The Lender's letter was a violation of the Automatic Stay protection you have in Ch 13.

Any plan modification is gonna have to be done thru your attny and the Trustee.

Maybe call the Lender first thing Monday morn, give them your BK case # and the names and numbers of your attny and your Trustee.

Also, call your attny ASAP Monday so your attny can deal with the Trustee about this.

[zoomzoom]

Thanks everyone. No, I am not school anymore... I graduated 4 years ago. I will call the lender tomorrow morning and give them whatevery they need with regard to my case. Then I'll call my attorney so he's in the loop of all this and can deal with it.
Thanks.

[zoomzoom]

Spoke to my attorney! According to him student loans are not dischargeable (of course, I already knew that!!!) and it's my responsiblity to make payments on them a year after I filed. Well, they were not taken into consideration during my plan b/c according to the Trustee that's preferential treatment! What am I supposed to do that? I contacted my school - I am waiting to hear back from them. This is insane! If they don't get their money tomorrow, they'll want do collect the almost $1500 that I owe on the loan!!!

[SinkingFast]

If you need a lump sum amount now, and continuing future payments money, then your attny needs to go to work. You paid extra for your attny to walk with you thru Ch 13.

Part of the reason a Ch 13 costs extra is because the attny is supposed to be available to handle these types of things as they arise. 3 years, 4 years down the road. Right up to the time you are discharged.

The only way you're gonna get that kind of money for the lump sum payment AND get additional money for continued monthly payments is thru the Trustee. Your attny needs to inform the Trustee what's going on. Your Trustee can arrange to pay the $1500 currently owed, and adjust your plan to allow for continued monthly payments to be sent to this Lender.

[zoomzoom]

SF - thanks! I will see if I can get in touch with Trustee or have attorney (cross my fingers) contact him. If I am able to pay by tomorrow, then that's fine, I'd simply need to make my monthly payments - for that, Trustee will need to ammend orders, I guess. What bothers me is that at 341, the Trustee not to make my student loan payments because that's preferential treatment. Well, I didn't... Trustee agreed, and that money that was supposed to go towards the loans was added into our plan. And today my attorney said "No, you have to keep making your payments... you had a one year grace period, but now you have to resume payments'. This is all messed up.