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

Asked over 3 years ago - Knoxville, TN

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.

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Attorney answers (2)

Ruben Ernesto Vasquez

Reputation Level 8

Answered over 3 years ago. Bankruptcy Attorney in San Antonio, TX.

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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

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Alan James Brinkmeier

Reputation Level 20

Answered about 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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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.

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