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Paying student loans while in 13?

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    Paying student loans while in 13?

    I am so confused!

    DH and I filed for 13 in June. My student loan payments were worked into our budget plan, so we've been paying them every month. They are through Sallie Mae, and they are such a hassle to deal with! Anyway, I checked out my credit report and it stated that my last payment was in May, but I've paid every month on time.

    So I called Sallie Mae and was told that my account had been transferred to the Guaranty agency and my SM account was closed. My payments have been recorded but transferred to the guaranty agency. All of this happened without my knowledge, so I had no idea.

    I called the guaranty agency and spoke to a woman in their bankruptcy department. She said that yes, my payments were showing in their system but that as of this month I should stop making payments altogether. She said most people do not make their payments while in 13, and that it's bad to do so because the other creditors want to get paid first. She also said that if I make my next payment it will be returned.

    I contacted our lawyer and he said to keep making the payments because it is part of our 13 budget. The trustee will not be okay with us not making that payment every month since our repayment is based on the budget we worked out.

    I paid this month's payment electronically the other day and I am waiting to see what happens. Anyone been through this before who can shed some light on what we are supposed to do??

    #2
    So it is not part of the payment to the trustee in your 13, it was agreed to be paid OUTSIDE of your plan?
    Teacher Momma

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      #3
      Yep, it was agreed that we would pay it outside of the plan.

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        #4
        Is it somewhere on paper from the trustee?? I would send that to Sallie Mae and show them that they are agreed to be paid outside of the plan, otherwise if they do not accept them, the interest will kill you. Some people defer the loans while in BK and then resume them after the 5 years (or whatever) but it racks interest.
        Teacher Momma

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          #5
          Keep paying.

          The person is right, however, most student loans automaticaly go in deferment while in a chatper 13 and most districts DO NOT allow continued payment (unless you are paying back 100% to unsecured creditors).

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