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Can a student loan and social security overpay be included in a chapter 13 debt consolidation
Knoxville, TN
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Posted about 1 year ago in Bankruptcy / Debt
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Chapter 13, Chapter 7 bankruptcy.:
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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Answers (1)Ruben Ernesto Vasquez
This attorney is licensed in Texas.
Posted about 1 year ago.
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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 |