Legal Question in Bankruptcy in Nevada
Chapter 13 with student loans about to be ''discharged''
I filed a chapter 13 in 1998. My chapter 13 plan will expire this year. However, my loans are no where near being paid off. My attorney now practices in a different area. I tried contacting her by phone to ask what happens after my Chapter 13. She stated to call my trustee. I have left messages for the trustee and she has not called back. After my bankruptcy is ''discharged'' will I be able to qualify for a William Ford Federal loan (special loan for defaulted student loans) to pay off this debt? I would like to get this debt resolved. What will happen and what can I do?
1 Answer from Attorneys
Chapter 13 & student loans
A Chapter 13 does not discharge a student loan unless you have applied for a hardship exception. None of you plan payments go towards reducing your student loans either, unless you are paying something to your unsecured creditors, in which case your student loan got a pro-rata part of your payment, along with any credit cards, medical bills, and such. The hardship exception is an additional lawsuit which must have been brough in your Chapter 13 and been heardy by the Judge. If you have had the money to pay into a Chapter 13, it is unlikely that you would qualify for the hardship discharge, which has been described as the "wheel chair bound, permanently disabled, never able to work again" standard.
This question should have been answered to your satisfaction before you filed you Chapter 13, and not after you made years and years of payments. That is what you paid your attorney to do. The Trustee does not represent you and has no obligation to answer your questions. The Chapter 13 Trustee is usually not an attorney, either, and it would be wrong for a non-attorney to give legal advice.
Related Questions & Answers
-
Married & Filing Individual Since my spouse has filed Chap. 7 in 1997 (during... Asked 6/04/03, 8:44 am in United States Nevada Bankruptcy Law
-
Do I qualify for bankruptcy My husband and I saw a bankruptcy attorney for a... Asked 5/14/03, 11:01 pm in United States Nevada Bankruptcy Law
-
Creditor's Rights Debtor filed Ch13 in 2001. Debtor owes Creditor (me)over $16,000... Asked 3/27/03, 11:02 pm in United States Nevada Bankruptcy Law
-
Reaffirmation agreement My husband and I filed for chapter 7 bankruptcy in 1997.... Asked 3/17/03, 11:18 pm in United States Nevada Bankruptcy Law