Bankruptcy in Indiana: Some Debt Just Can’t Be Discharged

After almost twenty five years as a debt consolidation lawyer offering bankruptcy services in Indiana, I can tell you that, for most people who visit one of the four Zuckerberg bankruptcy law offices, it’s all about getting their debts discharged.

What the term “discharge” means is that, through the Indiana bankruptcy process, you’re getting rid of debt.  When you file personal bankruptcy in Indiana (whether it’s bankruptcy Chapter 7 in Indiana, or whether you qualify to file under Chapter 13 bankruptcy law in Indiana), most of your debts will be wiped out either immediately or over a time period, and you will not need to worry about those debts any more.

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Are Student Loans Counted as Part of Chapter 13 Debt Limits?

An individual can file a Chapter 13 case if they have noncontingent, liquidated unsecured debts LESS than $336,900 and noncontingent, liquidate secured debts of LESS than $1,010,650. (these amounts are adjusted every few years)

Student loan debt, as with ANY debt, factors into the debt limits for Chapter 13 under 11 USC 109(e).

A client asked me this question thinking that because student loans were non-dischargeable perhaps that affected whether the debt applies to the Chapter 13 debt limits.

The only way the student loan (or any) debt would not count towards the unsecured debt limit in a Chapter 13 is if one of the following occurred:

A.

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