Student loans and Chapter 13-forbearance

[Julydream]

I am preparing to file for Chapter 13. My student loans are currently in forbearance so I am not making payments. I intend to keep them there for 2 more years as allowed. My attorney says they have to be included in my Chapter 13 even if they are in forbearance. Is this true? Putting them in my Chapter 13 is resulting in a much higher monthly payment for me.

[justbroke]

It is all true. However, your Trustee will pay your student loans "pro rata" during the life of the Chapter 13 plan. that is to say, that the student loan creditor(s) will receive either a token payment, or a substantial payment depending on your disposable monthly income (DMI). The loans will actually stay in forbearance during this period, as they automatically go into non-payment (forbearance) status upon the filing of any chapter of bankruptcy until the discharge is entered.

Unfortunately, you can't choose which creditors to include in a bankruptcy. All creditors must be scheduled.