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How to Handle Student Loans During Chapter 13 Bankruptcy

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By eHow Contributing Writer
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Chapter 13 Bankruptcy restructures your debt in order to make financial obligations to creditors manageable. Debts commonly included in Chapter 13 are past due mortgage payments (arrears), car loans and student loans. Nothing absolves you from having to pay back your student loans, but Chapter 13 helps you get a handle on the payments. Here are a few ways on how to handle student loans during Chapter 13 Bankruptcy.

Difficulty: Challenging
Instructions

Things You'll Need:

  • Student loan lender contact numbers
  1. Step 1

    Contact your lender. All major student loan lenders offer deferments and forbearances for borrowers who are experiencing unexpected financial hardships such as the loss of a job. If your student loan is already in default, contact the lender anyway to see if they offer repayment plans or other options to get your debt repaid.

  2. Step 2

    Consolidate all of your student loans. Consolidation turns multiple student loan payments into one and saves you money because instead of paying interest on multiple student loans, you're only paying interest on one.

  3. Step 3

    Go over your debt-to-income ratio carefully with your bankruptcy lawyer. The main reason for doing this is to figure out how much money you have left after paying your monthly living expenses. The other reason is to determine if your student loans will be paid in full within the Chapter 13 Bankruptcy repayment period.

  4. Step 4

    Know your financial obligations after the repayment period is over. You are still obligated to continue making payments on your student loans even if your determined Chapter 13 Bankruptcy repayment plan has ended.

Tips & Warnings
  • Always file for a deferment or forbearance with the student loan lender first. Both options give you time to hold off making payments until your financial situation has turned around.
  • Don't forget that there are serious financial consequences if you don't pay back your student loans. Loan companies can garnish your wages, take federal income tax refunds, take a percentage of federal income benefits and charge collection and commission fees of 25 percent and 28 percent of the loan, respectively.
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