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Student Loans being paid like our Creditors?
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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.Originally posted by Armmick9Any 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?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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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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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.Originally posted by inseriousdebtSame 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.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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I've seen student loans classifed as non-priority unsecured; what does "special class" unsecured mean?Originally posted by StevieDMy 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.
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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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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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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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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