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Confused about what happens after BK

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    Confused about what happens after BK

    From what I've seen on this forum student loans are usually automatically deferred while in a chapter 13 plan. But what happens after the BK ends? Do the normal student loan payments restart? Or do the student loans treat the 3 or 5 years of no payments while in BK as being delinquent? I've seen some postings where the student loans go into collections and the lender wants the full loan repaid lump sum after BK. Between me and hubby, we have about $120,000 worth of student loans and I can't repay them in a single payment after completing a BK.

    Please share your experiences with this. Thanks!

    #2
    Student loans will be deffered during the BK automatic stay. What is often deffered is the interest on the loans but really that's just because someone didn't include it in the calulations.

    You do have to pay off your student loans as part of a chapter 13 unless the lender grants a deferment. The lender is not obligated to do that however.
    Last edited by Dst1; 02-25-2010, 10:00 AM. Reason: clairty
    So the poor debtor, seeing naught around him
    Yet feels the narrow limits that impound him
    Grieves at his debt and studies to evade it
    And finds at last he might as well have paid it.

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      #3
      Go to your servicers website and look up Income Based Repayment - or IBR. My (limited) understanding it is new as of July 09, and the theory is that college educations don't always result in huge incomes. So IBR is to keep people from being discouraged since going to college has a risk (of accumulating student loan debt).

      IBR sets your payment based on income, state where you live, and family size. Must be reapplied for each year, sending in tax forms. Its not based on your student loan amount.

      I factored my payment amount in to my budget for our chapter 13. So far I'm having to send my attorney confirmation of payments made - for my s. loans & mortgage.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

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