Expert Advice When You Need It Most

Can a student loan and social security overpay be included in a chapter 13 debt consolidation

Can a student loan and social security overpay be included in a chapter 13 debt consolidation? The attorney I have talked to seems to insist on Chapter 7 bandruptcy. I know student loans or social security can't be discharged, but can it be added in a complete debt consolication. I only make 8.96 per hour. My life was messed up by a 19 year abusive marriage. I finally left him when our daughter grew up and I knew he couldn't hurt her.

Save

Attorney answers (2)

Reputation Level 8
generally, you CAN discharge social security overpayments since they are unsecured debts. Student loans generally are not dischargeable unless you file an adversary but its a long shot. However, although you can include these debts in a c-13 consolidation, if may not help you since your plan will not allow you to pay your student loan and social secuirty in full, unless you pay a full pay plan.

based on the limited information you give, it sounds like you won't be able to do this and this is probably the reason why your attorney recommends a Chapter 7.

Good Luck.

Ruben E. Vasquez
Attorney and Counselor at Law
2 people marked this answer as good

Reputation Level 20
Student loans generally are not dischargeable

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now