Personal Finance
Bankruptcy Law

While in Chapter 13 do all new loans need to go through the court?

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2010-08-20 06:56:47
2010-08-20 06:56:47

In a Chapter 13, you need approval from the court before incurring any new debt that is more than $250.

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I have been through Chapter 7 twice and both times was unable to claim my Student Loan.

This is a VERY hard thing to get and rarely are student loans discharged. Additionally, student loans are not discharged in either a chapter 13 or chapter 7 bankruptcy proceeding. In the event that a student loan is discharged, the court requires a showing of extreme difficulty in paying the money back.

Government insured or provided student loans are NOT dischargeable.

In the US, interest does not accrue on Subsidized stafford loans while in deferment. Interest does accrue at all times for unsubsidized stafford loans. Interest accrues on all loans while in forbearance.

If you do not want federal student loans, you can get private student loans through your bank, such as Chase or Citizens Bank. You can also get private loans through Sallie Mae.

IF his student loans accumulated before the marriage, no you will not have to pay for them. However, if it is something that he did while you were married the court may see it as him provding for the two of you and you may be responsible for a share. I would contact an attorney and discuss when the student loans came to be and what you can do to get out of paying.

Nobody. You can only get a loan in c. 13 if it is approved by the trustee and the court. You will have to show why it is needed and how it will affect your plan. You may have to amend your plan. You have to present the trustee and the court with the proposed loan documents, which can be from any lender. Needless to say, these will be secured loans for the most part and will often replace an existing secured loan, for a car usually. Nobody. You can only get a loan in c. 13 if it is approved by the trustee and the court. You will have to show why it is needed and how it will affect your plan. You may have to amend your plan. You have to present the trustee and the court with the proposed loan documents, which can be from any lender. Needless to say, these will be secured loans for the most part and will often replace an existing secured loan, for a car usually.

Yes, but the student loans don't get cancelled: you still have to pay those.

You may have the option of converting to a 7. Although the court could decide you are capable of paying back your debt via 13. You are in a better position of keeping a car and home in 13 than 7. Unless you cannot reaffirm the loans, and the lender is calling in the property. They would still have that option in a 7 also. You can file a Chapter 7 (or another 13) after 70% of the plan payments are completed.

Payday loans can be put in chapter 7.

Sure. How those specific loans are handled in the BK may be uncertain.

Student loans through the government are better than private loans due to the fact that the government does not have as high of interest on the loans, and you get a longer time to pay them back.

CCJ loans in the UK are County Court Judgement loans. It is issued by a court when one fails to repay money they owe. One can get a loan to help pay off the CCJ but this can spiral into even more debt.

Researching to find the types of loans available through Capital One has shown that they offer both Home and Auto loans. Currently the auto loans are offering a low rate of only 2.99%.

Talk with whoever you got your student loans through. They will be able to tell you if you can consolidate your loans or not.

Commercial Mortgage bank offers a variety of loans through their bank that includes home loans, student loans as well as business loans to their customers.

In the US, you can get student loans through the federal government by using FAFSA.

If a person files for personal bankrutsy they can try to include students loans. If the loans are from the federal government.....they are much more difficult to dimiss in bankruptsy court (most often they are not). Federal student loans will not be removed from your credit report (unless you were lucky and wiped them out in bankruptsy court) they will stay there until paid. The federal government will garnish wages, take your tax returns, freeze your bank accounts and even garnish your social security check when you retire until all loans are paid in full. Other loans through non federal agencies will be forgiven.....eventually.

While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the debtor to another entity in a willful or mailicious manner. More information on Chapter 7 Bankruptcy rules and regulations is available at http://www.uscourts.gov.

Gov't insured or Guaranteed loans are not dischargable.

I believe that student loans are a category of debt that is not dischargable in bankruptcy. The bankruptcy will show up on any credit reports, and you may subsequently be unable to et additional loans. I filed for bankrupcy in 1998. I was able to obtain Student Loans despite the bankruptcy in 1999-2000. My past credit history was not considered when determining my student loan application.

loans is were you have to pay back while grant you dont have to pay back it like free.

To apply for a car loan through Capital One an individual should visit their website and click through to "Auto Loans" and visit the "New car loans" page. From this page one can investigate the costs and range of loans available and apply directly online.

You can avoid student loans by applying for grants and working your way through school.


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