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Student loans and ch 13

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    Student loans and ch 13

    So I went with my wife to see an atty about putting her in a ch 13. Same atty
    Got me through a ch 7 five years ago. My wife did not
    File then. So now I have recovered quite well from the
    7.... I have a nice new set of debt, including a
    Luxury car. My new debts are why I can't really do
    Much to bail out my wife. But, I can make my
    Payments.
    The atty went through things with the wife, and then
    Turned to me: "and if you jumped in too, things would
    Be even better." He then shows us numbers which basically
    Amount to us making a ch 13 pmt which is no more
    Than our current car pmts alone; but in 5 years everything
    Is paid off!
    Only thing of mine not really covered was my
    $50k of student loans. He knew about that, but it wasn't
    Till today I thought about what happens to that aspect?
    So I got on the forum here looking for info.
    I'm seeing things about student loans being " put on hold"
    During the course of the 13? Right now my loans
    Are still deferred as I'm in school. But I will graduate from
    Grad school in the fall. Can anyone shed light on this?
    Did the atty screw up ... Or did he just know but not
    Mention that the loans would go on hold?

    #2
    Technically they get deferred. You don't have to pay them while in a 13. The interest keeps accruing and you will owe more in the end. You can't discharge it. I have student loans and take money out of my budget each month to pay them. I don't want them out there growing!
    Discharge date: October 2017 (will it ever get here?)

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      #3
      Thank you for the reply dmc-2008.
      So did your loans actually go in to a default status on your credit report, but they just can't make you pay on them while in a 13? Or is it kind of "automatic" that you just call up and say "hey, I'm in a ch 13, please put my loans in deferral"? Obviously I need to get more details from the atty...but of course I can't talk to him until Tues or Wed...and the curiosity of how this could work is killing me. So any further info would be great!

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        #4
        when you file your Chapter 13 your student loan lender will be notified of your filing and they will put them in deferment. Most student loan lenders have a Bankruptcy dept. No action on your end is required. Even though my loans were put in deferment after I filed- my trustee made payments to my student loans during the course of my five year plan. A good chunk of my payments went to my student loans.. I'm paying less on my monthly student loan payments post discharge than before I filed.

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          #5
          Yes it was all auto. Student loans are not considered an expense either so they won't budget them in. ;-(
          Discharge date: October 2017 (will it ever get here?)

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