Q: If I file for Chapter 13 and I can pay 100% of debt except my student loans and mortgage in 22 month can I get out early
Thinking about chapter 13
A:
Actually you can. If the last payment on the student loan comes due after the date on which your Chapter 13 ends, then your Plan can treat it as a long term-debt and the case could complete in 22 months after the other unsecured debts are paid in full. However, you would ordinarily be required to pay any monthly payments that come due on the student loans during the pendency of your Chapter 13 Plan unless the creditor agrees to be treated otherwise or the student loan payments are in deferment.
You should, however, consider the benefit of including the student loans in the Plan to be treated equally with all other general unsecured creditors. Except in limited circumstances, Student loans are non-dischargeable. So, by paying them through the plan as a general unsecured creditor, money that would otherwise be paid to dischargeable debts would, instead, be diverted to the non-dischargeable student loan. Furthermore, if you are below median income when you file your Chapter 13 Petition, you will only be required to fund the case for 36 months.
I hope this helps,
Greg Wetherall
Bruce Alexander Minnick agrees with this answer
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