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Student Loans and Schedule J

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    Student Loans and Schedule J

    Can you list student loans on Schedule J as a payment? I only want to put down the amount for an income contingent program?

    I'm not sure since they are unsecured nonpriority debt. Does the trustee expect you to put them in foreberance (sp?) if they think you can force you into a Ch 13?
    *** 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.

    #2
    Can Student Loans be placed in foreberance for 3 to 5 years?
    Filed: 12/08/2006
    Discharged: 03/22/2007
    Closed: 01/30/2008

    Comment


      #3
      I've never been behind on student loans and I'm only paying the income contingent program (about $200 a month). Then a thought came to me--since it is an unsecured non-priority creditor, am I considered to have been making preferential payments to them?
      *** 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


        #4
        Originally posted by ccidiot01
        Can Student Loans be placed in foreberance for 3 to 5 years?
        Student loans can be cancelled, deferred, or put into forbearance. See http://www.nolo.com/article.cfm/pg/1...3/208/135/ART/ for all the details.
        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

        Comment


          #5
          Originally posted by anonymuse
          I've never been behind on student loans and I'm only paying the income contingent program (about $200 a month). Then a thought came to me--since it is an unsecured non-priority creditor, am I considered to have been making preferential payments to them?
          AES (American Educational Services) is listed as a non-priority unsecured creditor on our forms (we have $21K of PLUS loans) and the monthly payment to AES is included in our expenses. We are paying these consolidated loans back ourselves directly each month during our bk. So far nothing has been said by our trustee or the other creditors about this being a preferential payment.
          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

          Comment


            #6
            Originally posted by lrprn
            Student loans can be cancelled, deferred, or put into forbearance. See http://www.nolo.com/article.cfm/pg/1...3/208/135/ART/ for all the details.
            I wan not specific enough. I know that Student Loans can be placed in forbearance, but I thought there was a limited number of months that was possible...I did not think you could place student loans in forbearance for 36 to 60 months. But that may vary from lender to lender.

            I guess the real question here is: When I complete my schedule of expenses, can student loan payments be included since it's highly unlikely they can be discharged?
            Filed: 12/08/2006
            Discharged: 03/22/2007
            Closed: 01/30/2008

            Comment


              #7
              Originally posted by ccidiot01
              I wan not specific enough. I know that Student Loans can be placed in forbearance, but I thought there was a limited number of months that was possible...I did not think you could place student loans in forbearance for 36 to 60 months. But that may vary from lender to lender.

              I guess the real question here is: When I complete my schedule of expenses, can student loan payments be included since it's highly unlikely they can be discharged?
              Yes. See my answer to Anon below.
              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

              Comment

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