New student loans under Ch 13

[987654]

I am 13 months into a 36 month Ch 13 plan. I am a small biz owner, and lets just say that not only did the economy get me into the CH 13 in the first place, I am still having a hard time month to month, but keeping up with my payments. I am thinking about going back to school to complete my BA, in the hopes of having better job opportunities down the road. As it stands I would get around 80% of my annual tuition/fees/books covered by federal and state grants. That leaves around $2k-4k per year outside of grants, but that would be covered by FEDERAL student loans (i.e. no no private loans). Since I have 4+ semesters (2 years) of school left there would be no repayments coming due while I am in CH 13.

I sent an email to my attorney, who replied with several e-mails today stating at first I needed no permission, then stating I needed to fill out some forms, then stating he was mistaken and I needed Trustee permission. Well from what I understand from a simple google search is that it's not up to the trustee, but up to the BK court judge (although a Trustee OK isn't going to hurt). IOW, I need my BK atty to file a motion, which would then be approved so I can take out these small student loans whilst in CH 13.

Anyone with experience in this? Thanks

[Exployer1234]

When i went through my Bk, even though it was a 7, my school still required a form from my trustee stating I could have the loans. I already had my 341 meeting so my lawyer just submitted a statement about my BK being over in 2 weeks. I submitted my report from Pacer that stated the trustee was basically finished with my case and awaiting the 60 day period.

Now in a Chapter 13 you should have to submit something from your trustee stating it is okay to have the loans. Most schools will not process your FAFSA paperwork without the statement from the trustee. I am not sure if you will be able to keep any of the refunds that are given from the federal loans, but if you could take out just enough to cover tuition and books then the trustee would not have any extra money to take from a refund. I hope that makes sense...I am running on very little sleep because I am in school full-time and work full-time.