.jpg)
Ch. 13- Modifying Plan to allow for non-filing spouse
One of my debtorshad the same problem - student loan creditor wouldn't accept the payments on non-filing-spouses student loan(s).Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, March 6, 2017 8:15 AM, "'Christine A. Kingston' attorneychristine@gmail.com [cdcbaa]" wrote:
[Attachment(s) from Christine A. Kingston included below] I can tell you that I have ACTUALLY TRIED TO GET A NON FILING SPOUSE'S STUDENT LOANS PAID THROUGH A PLAN AND THE CREDITOR HAS BEEN REFUSING THOSE PAYMENTS.
So, go figure....that you're trying to get the payments outside the plan.IF the non filing spouse is on some kind of "income sensitive" repayment on FedLoans, then it would be prudent to pay outside the plan, AND, if you can show that it would be a benefit to the other unsecured class, then you may succeed here. Don't be "unfairly discriminatory."
Remember the brownbag with Aki? See attached.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston 5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: christine@attorneychristine.com
Blog: www.attorneychristine.com************************************************************
, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
ten tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
On Sat, Mar 4, 2017 at 11:13 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
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?
--
****************************** *****************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
______________________________ __________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.
I can tell you that I have ACTUALLY TRIED TO GET A NON FILING SPOUSE'S
STUDENT LOANS PAID THROUGH A PLAN AND THE CREDITOR HAS BEEN REFUSING THOSE
PAYMENTS.
So, go figure....that you're trying to get the payments outside the plan.
Uh, yeah....it's SallieMae/Navient
IF the non filing spouse is on some kind of "income sensitive" repayment on
FedLoans, then it would be prudent to pay outside the plan, AND, if you can
show that it would be a benefit to the other unsecured class, then you may
succeed here. Don't be "unfairly discriminatory."
Remember the brownbag with Aki? See attached.
Christine
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: christine@attorneychristine.com
Blog: www.attorneychristine.com
The post was migrated from Yahoo.