Chapter 13 Debtors to continue to pay their student loans through the life of a chapter 13 Plan.
Until recently, a Chapter 13 Debtor could not pay their student loans during the course of their bankruptcy case, because this was held to be discrimination against the debtor’s unsecured creditors. However, in accordance with a recent case decision successfully argued by Attorney, Perry D. Monioudis, Esq., in the case of In re Kalfayan, Case No. 09-21158-BKC-JKO, the U.S. Bankruptcy Court for the Southern District of Florida held that under the circumstances of that case, discriminating in favor of the student loan creditor will benefit other unsecured creditors and thus not constitute unfair discrimination under the bankruptcy laws. As a result, you may be able to continue to pay for your student loans, during your bankruptcy case, to the detriment of your unsecured creditors. Please call Attorney, Perry D. Monioudis, Esq., should you have any questions concerning your student loans or if you wish to ask specific questions concerning this case.
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