Can a file chapter 13 on student loans and have more affordable monthly payments?

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My student loan and interest payments are 1400 a month. I have tried to lower it and have exhausted every Avenue. Can I file chapter 13 and establish lower monthly payments? Gain some control.

Attorney Answers

7
Waymon Harrell ·
That depends on how much student loan debt you have, and whether you can pay off the loans over a five year period under a Chapter 13 plan. You can file a Chapter 13 case, and possibly pay off your debt, or you can pay down the debt. The amounts that go unpaid through your plan cannot be discharged, though, unless the plan pays out the student loan debt in five years. Go see a bankruptcy attorney, who can look at your situation, and advise you how to proceed.
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Herbert WeinbergBankruptcy AttorneyNorth Andover, MAMA licensed ·
Chapter 13, at most, is a temporary solution. It may allow you to make reduced payments for five years while interest accrues. For some clients of mine other wise needing a bankruptcy, filing a chapter 13 instead of a chapter 7 to have a few years to focus on their career and family has made sense. Otherwise, contact an attorney who specializes in dealing with student loans
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William Popovich ·
Did you ask for an income-based repayment, which typically does not go beyond 10 percent of your income, and discharges the loans after 20 years of doing so on time? (assuming government loans).
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Richard Granvold ·
I have met with hundreds of student loan clients and filed over 40 student loan adversary law suits all of which results whether it be win, lose or settlement are all posted on my website. BUT I WONT REPRESENT anyone in another state. I just say that so you understand where I am coming from. Many clients I have file a ch 13 to extend out for 5 years so they can STOP the garnishments or lawsuits on such loans. Some cannot rehabilitated the loans in default so that they can enroll in the Federal Payment options which PRIVATE loans are not apart of. Why do so? Stop garnishments or my client may pay $100 in ch 13, then 5 years later retire and join the federal program and pay maybe ZERO per month under the programs or very low payments. Some need time to let kids get out of the house in the next 5 years so they can afford them. Some, like my most recent settled case , the defendant STIPULATED that my client can avoid the rehabilitation and join the program now and pay under a brand new option called the REPAYEE program which was about 50% less than the prior IBR or ICRP options . Many attorneys are not aware of that new program either. Your ch 13 monthly payments are NOT governed by your contract...they are governed by income and expenses (sometimes the means test governs). That is how you gain control. It is hard to find an experienced student loan bankruptcy attorney in any state. Attorney Berkus on is one of the few ones I have seen on here and know of! I recently heard an seminar on Student loans and the 2 attorneys who gave HAD NEVER LITIGATED A STUDENT LOAN CASE EVER! So I know it is hard to find but hope the above has helped you. Meet with an experienced ch 13 attorney in MA and go through your options. Good luck.
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Wesley Scott ·
Make two calls- 1) to a bankruptcy lawyer 2) call your representative Both should be called ASAP.
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