Ch. 13- Modifying Plan to allow for non-filing spouse
Posted: Mon Mar 06, 2017 11:08 am
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.
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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."
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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?
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