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I am not trying to add student loans to my debt. I am trying to show that I pay 800/month towards them and i believe that should be deducted off my disposable income. The trustee in CT does not recognize this as a payment, and is therefore saying I have 1100 dollars per month of disposable income to put towards my chapter 13 payment x 5 years...vs 300 per month (after subtracting my loans) Are their any cases in CT or anywhere that the judge recognized this as debt? Why isnt this being considered????? Any guidance is appreciated
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Student loan debt is treated as just another unsecured creditor. I agree it is maddening because it is not dischargeable. But in terms of your 13 plan, you do not pay the student loan debt outside of the bankruptcy during the case. Rather, all of that money is paid into the plan which is distributed first to priority and secured creditors and second to general unsecured debt on a proportional basis. So some of your student loan debt will be paid through the case and they know they cannot take action against you while you are in the case.
Answered on May 24th, 2013 at 9:46 AM