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Student loans DURING ch7, possible?

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Anonymous
Not applicable

Student loans DURING ch7, possible?

I am trying to go to college. Received the Pell Grant but it isn't enough for the schooling.

Is it possible to get Federal student loans during BK? I have not had my 341 meeting yet. My atty takes days to respond to emails.
Message 1 of 8
7 REPLIES 7
teddingt
Regular Contributor

Re: Student loans DURING ch7, possible?

Yes since you can not discharge a Federal Student loan it will not effect your ability to get one. I just did.     Now that being said I did have to verify with my financial aid office.  But that showed on my SAR.

re bk
EQ 572 TU 540 EXP 545
Current
EQ 598 TU 556 EXP 557
Discharge
09.16.2016

Message 2 of 8
Anonymous
Not applicable

Re: Student loans DURING ch7, possible?

Ironically just heard back from atty. Atty says "so you're asking for more debt while trying to get rid of debt" and said I should wait until after discharge. Idk what to do. I'm enrolled, supposed to start next week but need more funds for costs.

Atty said trustee will be mad if he sees me taking on a loan before I'm even discharged and this could basically void my petition and I won't be discharged. I tried to explain it's federal loans that are subsidised and in deferrment until 6 months post graduation, atty didn't care.
Message 3 of 8
Anonymous
Not applicable

Re: Student loans DURING ch7, possible?

Maybe he knows your Trustee and how they act. The Trustee we had didn't care we went and got a new car loan after we filed, she just cared that the monthly payments were less than the old car loan, which we assured her it was.

Message 4 of 8
teddingt
Regular Contributor

Re: Student loans DURING ch7, possible?

Here you go read this link.   This is a different type of debt it is not as if your getting a personal loan.  So while I understand what your attorney is trying to explain.   I think the fact that he is saying don't further you education is a little off base.  But that is my personal opinion not based on anything.

 

http://www.bankruptcylawnetwork.com/can-i-lose-my-student-loan-money-in-my-bankruptcy-case/

 

 

re bk
EQ 572 TU 540 EXP 545
Current
EQ 598 TU 556 EXP 557
Discharge
09.16.2016

Message 5 of 8
holmesnmanny
Contributor

Re: Student loans DURING ch7, possible?

If you choose to do this I would suggest two things, amend your schedules to include the student loans using the proper exemption and make sure you keep a paper trail of the funds, in other words put the funds in an account where there is no other activity besides the student loans. And whatever you do, do not deposit it into a Wells Fargo account. 

Pro Se Chapter 7 discharged July 2015
Message 6 of 8
Anonymous
Not applicable

Re: Student loans DURING ch7, possible?

Hi All,

Just an update.  I received a call back from my atty, who said it was safe to go ahead and get the student loans. 

 

Question:

I applied for and was approved for Pell grant, Federal subsidized and Federal unsubsized loans, after my tuition and book costs I will be getting a disbursement.  Will the trustee be able to take this money?  It was not exempt in my original petition simply because it didn't exist then.  I have my 341 meeting first week of Sept. and disbursement should come mid-late September. 

 

From what I've read any federal aid is exempt from garnishment but I want to be 100% sure.  I was given nearly the max in all three grants/loans since I am very low income they technically gave me funds for room and board and transportation purposes as well.  And honestly i need the funds so that I can attend full time, I just don't want to have them disbursed to me for that purpose and have the trustee take it all for creditors and me still owe that money back to the government after school.

 

Message 7 of 8
teddingt
Regular Contributor

Re: Student loans DURING ch7, possible?

No it can not be taken by the trustee. The link above explains it.

re bk
EQ 572 TU 540 EXP 545
Current
EQ 598 TU 556 EXP 557
Discharge
09.16.2016

Message 8 of 8
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