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I know the plan requires student loans to be treated the
No. See 1306
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.
Mark T.Jessee
Sent: Thursday, July 29, 2010 7:44 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] I know the plan requires student loans to be treated
the same as other unsecured
Wouldn't that be a Section 541(a)(5)(A) analysis and depend on how long
after the case was filed that the inherritance entitlement arose? If more
than 180 days since petition was filed obtaing an entitlement inheritance is
not an asset of the estate.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
On Thu 29/07/10 7:21 PM , "David A. Tilem" DavidTilem@TilemLaw.com sent:
That money belongs to creditors - it is property of the estate.
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: Thursday, July 29, 2010 5:03 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] I know the plan requires student loans to be treated the
same as other unsecured
debt but if a debtor in a Ch 13 came into unexpected money - a one time
thing like an inheritance etc. - could they use that money to make a student
loan payment? or are voluntary payments made directly to unsecured creditors
not allowed?
I have debtor's who are desperate to pay off their student loans - their
loans will actually be higher when the plan ends due to the interest and
they want to know if there is any set of circumstances where they could
apply extra money to the student loans.
Thank you,
Shawn
Message
No. See
1306
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
charset="windows-1251"
That money belongs to creditors - it is property of the estate.
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: Thursday, July 29, 2010 5:03 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] I know the plan requires student loans to be treated the
same as other unsecured
debt but if a debtor in a Ch 13 came into unexpected money - a one time
thing like an inheritance etc. - could they use that money to make a student
loan payment? or are voluntary payments made directly to unsecured creditors
not allowed?
I have debtor's who are desperate to pay off their student loans - their
loans will actually be higher when the plan ends due to the interest and
they want to know if there is any set of circumstances where they could
apply extra money to the student loans.
Thank you,
Shawn
charset="windows-1251"
Message
That money belongs to
creditors - it is property of the estate.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.