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I know the plan requires student loans to be treated the same as other unsecured
This doesn't quite answer my question. If (hypothetically) a debtor had funds that were not part of the bankruptcy estate could he voluntarily make extra payments to an unsecured creditor.
>
> 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
>
The post was migrated from Yahoo.
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. Business bankruptcy specialist cert. by Amer.
Bd. of Certification -----Original Message-----
FROM: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] ON
BEHALF OF 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
Links:
[1] mailto:cdcbaa@yahoogroups.com?subjectRE: [cdcbaa] I know the
plan requires student loans to be treated the same as other unsecured
[2]
The post was migrated from Yahoo.
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
The post was migrated from Yahoo.