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In a CH 13 do Student loans have to go in the plan?&g=
charset="windows-1251"
I have seen an entry on a national listserve which argues that they are a
long term debt and thus, under the Code, may be treated differently than
other general unsecured claims. I have never seen this done in our
District.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
shawnswhite
Sent: Friday, June 25, 2010 11:23 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: In a CH 13 do Student loans have to go in the plan?
Non-dischargeability is not the same as secured and/or priority. That wasn't
my question. As far as I know student loans are non-priority unsecured debt.
Please let me know if I am wrong.
My question was if anyone new of any circumstances where they were
successful in treating them differently in a Ch 13.
It seems to me that they need to be in the plan and payed with the credit
cards but considering that my clients have over 150K in student loans and
would really like to pay those down first I felt it merited at least asking
the question here to see how others have dealt with this issue.
Thank you.
Andrew Antico" wrote:
>
> You can do this:
>
> Is it a debt?
> If yes, what class is it in?
> Is it secured?
> Would paying it directly in budget discriminate against others of its
class?
>
> Is nondischargeability the same as secured and/or priority?
> What legal research did you do before posting the question? I find the
NCLC
> books very helpful.
>
> -----Original Message-----
[mailto:cdcbaa@yahoogroups.com ] On Behalf
Of
> shawnswhite
> Sent: Wednesday, June 23, 2010 5:48 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] In a CH 13 do Student loans have to go in the plan?
>
> My debtors have massive student loan debt among other unsecured debt.
Since
> their student loan debt isn't dischargeable they want to try to leave at
> least one student loan out of the plan so they can pay it off faster
rather
> than have it treated the same as other unsecured in the plan and only get
> paid a few percent.
>
> It seems (to me) that leaving it out is showing student loans preferential
> treatment, which of course, is exactly what they want to do. Is there any
> way to pay more towards student loans than other unsecured debt?
>
> Thank you,
>
> Shawn
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
charset="windows-1251"
Message
I have seen an entry on a
national listserve
which argues that they are a long term debt and thus, under the Code, may be
treated differently than other general unsecured claims. I have never seen
this done in our District.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.