If we can do a Ch 7 - wouldn't I still include Sallie Mae???

[basketsbears]

Hi,

I am still working on budget to send to attorney to see if we would qualify for 7. In that instance, wouldn't I include Sallie Mae payment as I would be paying it, not deferring it.

Thanks!

Lynn

[LadyInTheRed]

Include it in the budget you send to your attorney, but I don't think it will be included in your means test. The means test determines whether you'd be able to pay a significant amount to your creditors in a Chap 13. It varies by court, but if you were in a Chap 13, it is possible you'd be forced to let your loan go to deferment.

You should tell your attorney absolutely everything about your finances. Let him/her decide what should go on the petition.