Legal Question in Bankruptcy in California

Chapter 13 and student loans

Your Plan payment may be covering a part of your student loan payments, but it is highly unlikely that the distribution is paying them the total amount you owe them each month. Student loans need to be provided for in the Plan as an unsecured creditor, sharing in the same percentage as other unsecured creditors according to your plan. However, since the student loan is probably nondischargeable, you need to make up any difference between the plan payment and amount you owe on the Chapter 13. I suggest you contact the lawyer who handled it for you, or review your plan and see how it was structured. Some judges allow student loans to receive a separate classification.

Attorney At Law

You chapter 13 plan will list what is included. Student loan payments likely are listed and the credit report might be in error.