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Student loan in Chapter 13 case
Dear Jim:
You can propose to pay the Student Loans outside the plan and put them in
their own separate class when it is a 100% plan.
R. Grace Rodriguez, Esq.
Full service Real Estate Attorney &
California State Bar
Certified Bankruptcy Specialist
OFF: (818) 734-7223
CEL: (818) 554-9922
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On Wed, Apr 22, 2015 at 12:49 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
>
> Colleagues:
>
>
>
> I have a student loan issue in a new Chapter 13 case which is the opposite
> of the typical situation where the debtor wants, but is not allowed, to pay
> the full student loan payment outside the Plan while general unsecured
> creditors are receiving less than 100% of their claims.
>
>
>
> In my new case, the high-earning debtors can pay 100% of their non-student
> loan unsecured claims in a five-year Plan. However they could not pay 100%
> if the student loans are included. Is it possible to propose a Plan in
> this case whereby the student loan payments are paid current outside the
> Plan and the other unsecured creditors are paid 100% through the Plan? I
> realize the student loan lenders might object that this violates Sections
> 1322(a)(3) and/or 1322(b)(1), but would the Chapter 13 Trustee?
>
>
>
> Jim
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
> Web: www.wsbankruptcylaw.com
>
>
> *Certified by State Bar of California as Certified Legal Specialist in
> Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
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> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
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> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
Dear Jim: You can propose to pay the Student Loans outside the plan and put them in their own separate class when it is a 100% plan.
The post was migrated from Yahoo.
charset="UTF-8"
I have confirmed several Chapter 13 plans with previsions to pay the student loans directly. I have had no opposition as long as all of the other unsecured creditors were being paid 100% through the plan. It certainly makes sense to do this when the debtors assets or income necessitate a 100% plan but paying all of the student loans over a 5 year plan would be infeasible or result in an extremely high payment.
Frank X. Ruggier, Esq.
Certified Bankruptcy Specialist *
15760 Ventura Blvd., Suite 880
Encino, CA 91436
Tel: (818) 796-3529
* certified by the State Bar of California Board of Legal Specialization
The post was migrated from Yahoo.
I think you would be able to do this with Kathy Dockery's office.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Wed, Apr 22, 2015 at 1:49 PM, Jim Selth jim@wsrlaw.net [cdcbaa] wrote:
>
>
> Colleagues:
>
>
>
> I have a student loan issue in a new Chapter 13 case which is the opposite
> of the typical situation where the debtor wants, but is not allowed, to pay
> the full student loan payment outside the Plan while general unsecured
> creditors are receiving less than 100% of their claims.
>
>
>
> In my new case, the high-earning debtors can pay 100% of their non-student
> loan unsecured claims in a five-year Plan. However they could not pay 100%
> if the student loans are included. Is it possible to propose a Plan in
> this case whereby the student loan payments are paid current outside the
> Plan and the other unsecured creditors are paid 100% through the Plan? I
> realize the student loan lenders might object that this violates Sections
> 1322(a)(3) and/or 1322(b)(1), but would the Chapter 13 Trustee?
>
>
>
> Jim
>
>
>
> James R. Selth
> Certified Bankruptcy Specialist*
> Weintraub & Selth, APC
> 11766 Wilshire Boulevard, Suite 1170
> Los Angeles, California 90025
> Telephone: (310) 207-1494
> Facsimile: (310) 442-0660
> E-Mail: jim@wsrlaw.net
> Web: www.wsbankruptcylaw.com
>
>
> *Certified by State Bar of California as Certified Legal Specialist in
> Bankruptcy Law
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
>
>
I think you would be able to do this with Kathy Dockery's office. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
The post was migrated from Yahoo.
Jim:
As the student loans are unsecured loans, the trustee might want their cut and would therefore want them in the plan.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.