Question:
My girlfriend filed chapter 13 one
year ago on her studen loan (in
new york state). She has about 40k
in student loan and 15k in credit
card debts. Now she has to pay the
student loan plus about half of
the credit cards debts back. She
was told that she had to file chapter
13 (vs. chapter 7) because otherwise
she would still have to pay interests
in the student loan. Is that information
right? (that was the only reason,
no house or other ets etc. to protect)
Otherwise I would think chapter
7 would save money?
Answer:
Student
loans are not dischargeable in a
Chapter 7 except in cases of "undue
hardship," generally a very
difficult standard to meet. Interest
stops accruing once the Chapter
13 is filed. It sounds as if the
Chapter 13 makes sense for her.
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