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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If I file a chapter 13, and my Chapter 13 plan does NOT include

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If I file a chapter 13, and my Chapter 13 plan does NOT include my Student Debt but is approved by the Court, am I still discharged from the Student Debt?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common issue, the discharge order would not apply to student loan debt even if listed.

WALLSTREETESQ :

They would still be able to collect on the debt, regardless,

Customer:

Are there not some instances where a debtor, filing under Chapter 13 could, if they included the entire amount of their existing student loan debt within their Chapter 13 plan, and they were able to pay off that entire amount within the 60 months (or fewer months) of the Court Ordered plan payment plan, could be discharged entirely from that student loan debt?

WALLSTREETESQ :

You would pay less than 100%?

Customer:

Well, the plan would be to pay it all. But a corollary to that, honestly, and something I'm interested in is, could one set up --and obviously have approved by the court-- a payment plan that covers LESS than the full amount of the debt, and still have a discharge , But ONLY as to that lesser portion of the debt paid off under the terms and time of the Chapt. 13?

WALLSTREETESQ :

no you would have to have a 100% plan,

WALLSTREETESQ :

unless you can prove undue hardship, and lower the student loan debt,

WALLSTREETESQ :

In a recent Supreme Court case, the court did discharge a student loan debt,

WALLSTREETESQ :

but the circumstances were limited,

WALLSTREETESQ :

the debtor listed the student loan debt and reduced payment,

WALLSTREETESQ :

the lender never responded, or objected,

WALLSTREETESQ :

the Court stated that even without an undue hardship hearing, the loan was discharged,

WALLSTREETESQ :

because the lender failed to respond to notices from the court, and the debtor about the loan being listed,

WALLSTREETESQ :

The above link goes over the circumstances of this case,

WALLSTREETESQ :

I would not expect this to help you

WALLSTREETESQ :

discharge your student loan

Customer:

When you say, "the debtor listed the student loan debt," that means he listed the entire debt? (and I will look at the Supreme Court case.. thanks)So, in other words, it might be worth trying "enas he listed the entire debt

Customer:

Excuse my last garbled response...

WALLSTREETESQ :

yes, he listed the debt as part of his chapter 13 plan,

WALLSTREETESQ :

and tried to reduce it,

WALLSTREETESQ :

you can list it and see if the creditor fails to respond,

Customer:

What I meant to say is that the lesson of the Supreme Court case is that the onus is still on the Lender to pay attention to notices and raise any objections timely in Bankruptcy Court. That seems to be the lesson? So a debtor could try listing the debt, getting ti approved by the court, and I guess, just hope that the lender doesn't pay attention?

WALLSTREETESQ :

yes,

WALLSTREETESQ :

but the Judge may force an undue hardship hearing as well,

Customer:

Got it!

WALLSTREETESQ :

even if the lender does not request it,

Customer:

Thanks!

WALLSTREETESQ :

There is a loop hole you can try

Customer:

Yes. Thank you! that was helpful!

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

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