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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5156
Experience:  37 plus years of experience specializing in bankruptcy law
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I want to file a Chapter 13. Im behind on my student loans

Resolved Question:

I want to file a Chapter 13. I'm behind on my student loans by about $9,000. Can I pay the back payments through the Chapter 13 plan and pay the remainder of the student loan outside the Chapter 13 plan?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  dylatess replied 5 years ago.
Over 33 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions. Yes you can as that is an excellent solution and one that I recommend often to myh clients in a similar situation. But please meet with an experiened BK attorney who can assist you and make sure that he puts his fee into the plan so that you do not have to pay any attorney fees up front.
Customer: replied 5 years ago.
I will of course hit accept, but I need more clarification. How do I treat the delinquent $9,000 separately in the Plan?
Expert:  dylatess replied 5 years ago.
For unsecured creditors like credit cards, they are in one class and you decide what percentage will be paid back to this class.

As to the student loans, you determine how much can be paid back over 60 months and that is another class. You also state that the balance, that cannot be paid back over 60 months, will be paid outside of the plan.

Again, an attorney can assist you. Thanks in advance for the accept.

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