School and financial aid

[PinkTinker78]

I am currently in school for my masters and I have the second half of my payments for my financial aid hitting my account mid September. I'm looking to file chapter 13 in the next few weeks but I'm concerned it might affect my future aid. Will they budget future school expenses in when determining my payment plan. For example my next class starts in a few weeks and the book costs $180.

Also, I get more financial aid then I need so I always get stipend checks twice within a 2 month period that are usually over $1000 each.

Will I have to let the trustee know about these stipend checks and if so will I have to hand them over? I usually use them to pay for my books and other school stuff I need and the rest I try to catch up on a bill.

Also, one thing that keeps telling me not to file chapter 13 is I can possibly use the next stipend check I get in a little over a month to help me catchup along with a loan from my 401k. I'm so confused on what to do, I can get a hold of extra money within the next few months however I don't want to run into any judgements in the mean time and it won't be enought to payoff all creditors. I just don't want the trustee to take it all.

[rrockinggramma]

so have you spoken to an attorney? The only reason I am asking is that another poster filed a chapter 7 in 2005 and then filed a chapter 13 in 2009. There is now a question about whether or not any of her debt would be discharged even at the end of her plan because 4 years had not elapsed from file date to file date.

Just wondering is your attorney has addressed this with you?

[PinkTinker78]

I talked to two different attorneys and they were both aware of my 2006 discharge and said nothing about the chapter 13 discharge. I meet with one again tomorrow and that is something that I will defiantly ask. I read on another site that you can file before the 4 years and then refile in the middle so you can get the discharge..not sure how that would work..might have to fight off creditors in between. I also read that if you file before the 4 years that you will have to pay 100% to unsecured.