in the Chapter 7 filing. Did you do this? If so what happened? My BK attorney did say that the loans may not be discharged but he said there was a possibility that they may be discharged.
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I'm sure others know a bunch more than me on this but from everything I've read student loans can not be filed in BK. -
'Include' is the must misused term in the BK context.
You must "disclose" or "list" all your debts in your BK regardless. Whether a particular debt will be "discharged" depends on whether the debt is excepted from discharge under section 523 of the BK code.
My sense is (sorry to say) you are mis-understanding what your attorney told you about student loans, or your attorney is a moron. The only way student loans are discharged in Bankruptcy is if YOU file a lawsuit (in BK terms, and adversarial proceeding) in BK court. There is NO accidental discharge of student loans.Comment
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Yes, the student loans definitely are not going to be discharged and, in my district and state I was not even allowed to claim the payments on schedule J because in bankruptcy they are able to be put into a state of forbearance (not deferment, unfortunately, so interest accumulates). It originally made me mad because it would have made my DMI much lower, but mine was already quite in the negatives anyway. Still, I wanted it to be even lower in case any expenses were questioned. But that is the way the BK ball bounces.............For me, though, I don't mind that my student loans are not included in my BK. I would rather have my education and that to me is everything.Comment
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okay, thanks. i have been paying my loans, but i was wondering why he told me to list them. he did indicate that the loan most likely would not be discharged.Comment
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You must list all creditors, and all are bound by the automatic stay.
Originally posted by powerofone View PostGet mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)Comment
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