paying co-signed student loans on a 13

[Jupiter8]

I just talked to an attorney but I never got a solid answer to this question.

My dad promised me that he would pay back my student loans payments while Im back in school again. He did co-sign for these loans. However, his hours have been cut back at work and might need to file for a 13.

My question is if he files for a chapter 13, could he add my student loans to the monthly expenses? Will the trustee approve this?

[woeisme]

Student loans can sometimes be put into a CH 13 plan, but not all trustees allow this. Being that he is not the primary on the loan, but rather the co-signer, your chances that this would be an allowed expense are probably less likely, but it will all depend on your trustee's interpretation. Some trustees require that the student loan go into default for the duration of the CH 13, and then the borrower must pay it (plus the interest that accrues) after the CH 13 is discharged. So the answer to this is, he should try to get the student loan payments into his CH 13 expenses if he can, but be prepared for the trustee to disallow it.

[cwillie]

I co-signed on three student loans for my daughter. We then filed Chapter 13 and those three lenders filed a claim. They are receiving 6% as are all of our other creditors, so they will be receiving some payment during our Chapter 13, even though I was only the co-signer!