I am in the process of filing chapter 13 bankruptcy do I have to repay my student loans if they are in defrement and I am still in school

Student loan debts are non-dischargeable in bankruptcy unless you bring a separate adversary case in the court and prove that repaying the debts would be an "undue hardship" on you.  The standard for this varies from court to court, but is very difficult one to meet. Student loans are generally unsecured debts and will share in the pro rata distribution you are making during your Chapter 13 case to other unsecured creditors.  Unless there is some reason you need to do a 100% plan (due to large value of non-exempt assets, etc.) this can only benefit you, as you will pay down some of the principal while you are in deferment.  Of course, in order for this to occur, the student loan agency would need to file a claim in the bankruptcy case.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr