Central District Consumer Bankruptcy Attorney's Association

In re Bernal, 189 B.R. 507 (1995), is a leading case on this topic.
shawnswhite
Sent: Friday, June 25, 2010 11:23 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: In a CH 13 do Student loans have to go in the plan?
Non-dischargeability is not the same as secured and/or priority. That wasn't
my question. As far as I know student loans are non-priority unsecured debt.
Please let me know if I am wrong.
My question was if anyone new of any circumstances where they were
successful in treating them differently in a Ch 13.
It seems to me that they need to be in the plan and payed with the credit
cards but considering that my clients have over 150K in student loans and
would really like to pay those down first I felt it merited at least asking
the question here to see how others have dealt with this issue.
Thank you.
>
> You can do this:
>
> Is it a debt?
> If yes, what class is it in?
> Is it secured?
> Would paying it directly in budget discriminate against others of its
class?
>
> Is nondischargeability the same as secured and/or priority?
> What legal research did you do before posting the question? I find
> the NCLC books very helpful.
>
> -----Original Message-----
> Of shawnswhite
> Sent: Wednesday, June 23, 2010 5:48 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] In a CH 13 do Student loans have to go in the plan?
>
> My debtors have massive student loan debt among other unsecured debt.
> Since their student loan debt isn't dischargeable they want to try to
> leave at least one student loan out of the plan so they can pay it off
> faster rather than have it treated the same as other unsecured in the
> plan and only get paid a few percent.
>
> It seems (to me) that leaving it out is showing student loans
> preferential treatment, which of course, is exactly what they want to
> do. Is there any way to pay more towards student loans than other
unsecured debt?
>
> Thank you,
>
> Shawn
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
Yahoo! Groups Links
name="bernal.pdf"
filename="bernal.pdf"

The post was migrated from Yahoo.

Non-dischargeability is not the same as secured and/or priority. That wasn't my question. As far as I know student loans are non-priority unsecured debt. Please let me know if I am wrong.
My question was if anyone new of any circumstances where they were successful in treating them differently in a Ch 13.
It seems to me that they need to be in the plan and payed with the credit cards but considering that my clients have over 150K in student loans and would really like to pay those down first I felt it merited at least asking the question here to see how others have dealt with this issue.
Thank you.
>
> You can do this:
>
> Is it a debt?
> If yes, what class is it in?
> Is it secured?
> Would paying it directly in budget discriminate against others of its class?
>
> Is nondischargeability the same as secured and/or priority?
> What legal research did you do before posting the question? I find the NCLC
> books very helpful.
>
> -----Original Message-----
> shawnswhite
> Sent: Wednesday, June 23, 2010 5:48 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] In a CH 13 do Student loans have to go in the plan?
>
> My debtors have massive student loan debt among other unsecured debt. Since
> their student loan debt isn't dischargeable they want to try to leave at
> least one student loan out of the plan so they can pay it off faster rather
> than have it treated the same as other unsecured in the plan and only get
> paid a few percent.
>
> It seems (to me) that leaving it out is showing student loans preferential
> treatment, which of course, is exactly what they want to do. Is there any
> way to pay more towards student loans than other unsecured debt?
>
> Thank you,
>
> Shawn
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>

The post was migrated from Yahoo.

You can do this:
Is it a debt?
If yes, what class is it in?
Is it secured?
Would paying it directly in budget discriminate against others of its class?
Is nondischargeability the same as secured and/or priority?
What legal research did you do before posting the question? I find the NCLC
books very helpful.
shawnswhite
Sent: Wednesday, June 23, 2010 5:48 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] In a CH 13 do Student loans have to go in the plan?
My debtors have massive student loan debt among other unsecured debt. Since
their student loan debt isn't dischargeable they want to try to leave at
least one student loan out of the plan so they can pay it off faster rather
than have it treated the same as other unsecured in the plan and only get
paid a few percent.
It seems (to me) that leaving it out is showing student loans preferential
treatment, which of course, is exactly what they want to do. Is there any
way to pay more towards student loans than other unsecured debt?
Thank you,
Shawn
Yahoo! Groups Links

The post was migrated from Yahoo.

My debtors have massive student loan debt among other unsecured debt. Since their student loan debt isn't dischargeable they want to try to leave at least one student loan out of the plan so they can pay it off faster rather than have it treated the same as other unsecured in the plan and only get paid a few percent.
It seems (to me) that leaving it out is showing student loans preferential treatment, which of course, is exactly what they want to do. Is there any way to pay more towards student loans than other unsecured debt?
Thank you,
Shawn

The post was migrated from Yahoo.