Student loan in Chapter 13 case
Posted: Tue Apr 28, 2015 5:38 pm
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
>
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>
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.