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How long after filing 7 can you file 13?

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    How long after filing 7 can you file 13?

    I have ALOT of unsecured debt that is hurting me badly.. However, the bulk of my issues are with student loans (which are near impossible to get discharged...) I'm thinking of filing Chapter 7 to get rid of all the unsecured debt and other garbage, and then trying to focus on paying down my student loans for a while. My question is this... after filing chapter 7.... how many years do I need to wait to file Chapter 13 (I feel this would be the best way to manage my student loans as I have many different lenders including multiple private banks, Chapter 13 would essentially lump them alltogether) Right now I would qualify for Chapter 7, and I don't want to lose that "opportunity." Also, what happens to any co-signers I have on my student loans under chapter 13?

    #2
    Chapter 13 is a pretty big step to take to deal with student loans for the mere reason of simply lumping them together. You don't get any benefit from filing chapter 13 to deal with student loans (no reduction in principal, no reduction in interest, etc). In fact, if you attempt to pay off your student loans through a 13, you would probably have a higher payment than if you paid the student loans as scheduled.

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      #3
      I'm concerned with getting an affordable payment. The federal loans are willing to work with me on this, but my private lenders are not... I don't intend to pay the student loans off entirely during the course of my chapter 13 if I were to take that route, but rather just give me 3 to 5 years of REASONABLE payments I can afford to get myself on my feet. I'm going to be a teacher, so I am really going to make very little money. My private student loan debt is around 45,000.00

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        #4
        Originally posted by esokev View Post
        I'm concerned with getting an affordable payment. The federal loans are willing to work with me on this, but my private lenders are not... I don't intend to pay the student loans off entirely during the course of my chapter 13 if I were to take that route, but rather just give me 3 to 5 years of REASONABLE payments I can afford to get myself on my feet. I'm going to be a teacher, so I am really going to make very little money. My private student loan debt is around 45,000.00
        Unfortunately, That's not how 13 works. If the debt (in this case student loans) are required to be paid back at 100%, then you will have to pay the entire amount over that 3 or 5 year period. HFM is correct that using a 13 for student loans is not a good idea. In fact, I would say the majority of people have student loans excluded from Chpt. 13 because they typically have a longer repayment period than 5 years. You need to visit an attorney and get some solid advice. There are expections to Student loans for hardship cases, but the arguement against yours would be that when you entered into the agreement for the private loans, you knew you what your estimated salary would be. Just curious, why did you go with private instead of government backed loans?
        Chapter 7 Pro Se....Discharged Feb. 2006

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