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Student Loans being paid like our Creditors?

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    Student Loans being paid like our Creditors?


    #2
    My student loan is classifed as a "Special Class Unsecured" creditor under my Ch. 13. From my understanding, the Trustee will begain paying on this debt after all "Secured Creditors" are satified.
    09/16/2004 - Filed Ch 13
    10/28/2004 - 341 Meeting - done
    12/16/2004 - Date Confirmed
    - Date Closed

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      #3
      Thanks for the reply Steve. So do you pay your loans then outside your plan until that point?

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        #4
        Originally posted by Armmick9
        Any of you that are in Chapter 13 have your student loans included for distribution through your Trustee? We recived a letter from the Trustee’s office the other day saying that they would pay a pro rated amount to our student loans along with our other creditors?

        I was under the impression we would continue to pay student loans outside of our plan, as they were included as a monthly expense for us? Thoughts?
        We have PLUS student loans for our son and we are paying them ourselves directly to AES outside our Ch 13 plan. Ours were listed on our bk forms as regular non-secured debt right alongside all of our credit cards and other non-secured loans.
        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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          #5
          Same here...we are paying our loans outside of our Chapter 13. It was an amount that was included in our expenses and was also listed right along side our credit cards. I was confused about this as well because when I contacted my student loans to make sure that the payment addresses stayed the same, they informed me that I didn't have to make the payment while in bankruptcy. I am starting to understand that this is just what happens when you are in bankruptcy.

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            #6
            Originally posted by inseriousdebt
            Same here...we are paying our loans outside of our Chapter 13. It was an amount that was included in our expenses and was also listed right along side our credit cards. I was confused about this as well because when I contacted my student loans to make sure that the payment addresses stayed the same, they informed me that I didn't have to make the payment while in bankruptcy. I am starting to understand that this is just what happens when you are in bankruptcy.
            Even though we aren't required to make a monthly payment to our student loans while we are in Ch 13 bankruptcy (forebearance), the interest on the total owed still accrues throughout the five years. We decided to keep making payments during Ch 13, so we listed the payment on our schedules. If we need to skip a monthly payment here and there because we need the extra money that month, we can do that and still have paid down a lot of what we owe when we finally emerge on the other side in June 2011.
            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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              #7

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                #8
                Originally posted by StevieD
                My student loan is classifed as a "Special Class Unsecured" creditor under my Ch. 13. From my understanding, the Trustee will begain paying on this debt after all "Secured Creditors" are satified.
                I've seen student loans classifed as non-priority unsecured; what does "special class" unsecured mean?

                For a Ch 7, I have a question into my attorney to see if I can include them on my schedule as my expenses since I've been paying them all along. The one catch--I've paid them $200 a month--thus, paying $600 to an unsecured creditor. **I'm so confused**
                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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                  #9

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                    #10
                    Wow..thanks for the info.

                    My loans were outside of the plan, but my attorney filed a claim on the loan company's behalf, to ensure that they get some of the plan money, so I'm not paying them outside, though on my paperwork, they are listed as an expense...?????
                    Filed CH7 - 10/13/05;
                    341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
                    Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
                    DISCHARGED: 2/15/08

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                      #11
                      We have two loans that have around 2,000 on each (small) that will both be paid off during our Ch. 13. We have them included as an expense and they are also included as an unsecured debt in our bankruptcy--with claims on each???!

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                        #12
                        I'm so happy that I'm less than $4 away from paying off one of my loans.
                        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                        Comment


                          #13
                          I didn't include them as part of my monthly expences, so my trustee paid on them-- the whole monthly charges.

                          It didn't have anything to do with the totals. I've closed my 13, but still owe $23,000 on those. Ill pay them off till they're done.

                          I was surprised, but grateful that the trustee paid on them for me. Three years of perfect payments. Ha!!!

                          Elf

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                            #14
                            We cosigned with my son for a Career/Training Loan funded by Sallie Mae.
                            Sallie Mae filed a proof of claim and the trustee sends them a payment every month. Also we listed the monthly payment in our expenses. So, Sallie Mae is getting a double payment every month, but that's ok. It should be paid for when the Chapter 13 ends.
                            sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

                            Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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