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Ch. 13- Modifying Plan to allow for non-filing spouse Student Loan
Has anyone ever tried (and I mean REALLY tried) to get a plan
approved (or modification) where the debtor's budget included an
expense for the spouse (non-filing spouse) to pay their student
loans outside of the bankruptcy?
I have a case where the non-debtor spouse has a lot of student loans
which we had semi-hoped would file claims in the debtor-spouse's Ch.
13 case so they would share and receive the majority of the monthly
payments. But they did not file a claim so now this has become a
100% plan with the non-debtor spouse, who is the sole breadwinner,
paying all of her spouse's debts. And they are now unhappy (which
never happens).
So now I'm considering doing a Motion to Modify to reduce the plan
payment by the amount of the non-debtor spouse's student loan payment.
I'm also considering filing proofs of claim on behalf of the
non-filing spouse's student loan entities.
Thoughts from my learned colleagues?
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Mark J. Markus
Law Office of Mark J. Markus
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Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
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