Questions...........please help answer.

[whirlwind123]

I filed my chapter 13, had my 341 meeting etc., etc., Since Decmeber 09 I pay my monthly monies to the trustee on time. I have student loans that my attorney included in the bankruptcy, but advised they would only be deferre3d till my bankruptcy is over and then I would start paying again.

1st question, I want to take some courses to finish my Master, I was told by the college, that since I filed a Bankruptcy I would never again be able to get any student loans, even when my bankrtupcy is over.

My lease on my car is done in October,.I have been paying this outside of the plan., the attorney advised since Iwant to buy the car and continue to make payments, that I could have my mom get the loan at a much lower interest and make her the payments.

2nd question, How do I do this, do I just continue to make payments to my mom till paid off probably another 3 years, then once paid off do I inform the trusttt.

Thank you so much

[SMinGA]

First, I don't know the details of getting student loans while in bankruptcy - but its false that you'll never again be able to get student loans. Ask your atty what you need to do, in order to gain trustee permission to apply for student loans. You'll also need to complete federal requirements, like complete the FAFSA. (I think those are the right initials!)

For your car - you will need to amend your plan. I'm not sure how well it will work for your mother to get the loan fully in her name. Perhaps she can co-sign for you, to help with the financing process. But again you'll need trustee approval to get financing, and will need to amend your plan assuming your payment amount for the car changes.

[Lissy]

You can absolutely get student loans again after bankruptcy. My sister filed Chapter 7 in May, has not even been discharged yet and is going back to school in the fall. She was already approved for a certain amount of financial aid, most of which is loans. Whoever you spoke to at the school doesn't know what they're talking about. However, I'm sure being in a 13 that you will need to get permission from your trustee to incur new debt, so check into that.

I'd be really careful about having your mom buy the car and making payments to her. If your TT finds out that you (technically) no longer have a car payment and are making payments to a family member, that could get you in a heap of trouble. The interest rate on a new auto loan will suck being in bankruptcy and you will again need permission from your TT, but such is life in a 13. Good luck!