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Student Loans Can Be Paid Directly

  • January 6, 2023
Student Loan Debt

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Student Loans Can Be Paid Directly

Student loans can be paid directly, outside of bankruptcy.

Case Name: In re Abaunza, Case No. 10-37575-LMI (Bankr. S.D. Fla. 2011).

Issue: i) Whether the discretionary income that an above-median debtor realizes over and above the projected disposable income calculated by the means test should increase the debtor’s payment to unsecured creditors; and ii) Whether a debtor’s payment of his student loans outside of the chapter 13 plan is unfair discrimination.

Holding: Judge Isicoff stated that “where the sole allegation for unfair discrimination is the payment is separately classified creditor” with funds that are over and above the payment to creditors prescribed by the means test form, the plan does not discriminate unfairly. Congress defines ‘fair’ as the debtor’s projected disposable income as calculated by the means test.

NEED HELP WITH BANKRUPTCY MATTERS IN FLORIDA?

Szabo Law Group is committed to providing personalized legal help to those in need of immigration services in Ft. Lauderdale and greater South Florida. As an immigrant from Hungary himself, our principal attorney- Aron T. Szabo- empathizes with fellow immigrants, and understands how troublesome it can be to face an unsure residency or work status. Our firm provides individualized counsel for all immigration needs. Szabo Law is a dedicated advocate for our friends and neighbors in the immigrant community.

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Kapcsolódó cikkek

  • Chapter 7 vs. Chapter 13 Bankruptcy in Florida: Which One Fits Your Situation?
  • Revocable Living Trust in Florida: How It Works, Costs and Requirements (2026)
  • How Does Bankruptcy Affect my Credit Score?
  • Durable Power of Attorney in Florida: Requirements, Powers and Pitfalls (2026)

Kapcsolódó bejegyzések

  • Introducing Our Free iPhone App: U.S. Visa Checklists and Travel Essentials
  • Florida Homestead Exemption: Tax Savings, Save Our Homes and Creditor Protection (2026)
  • Durable Power of Attorney in Florida: Requirements, Powers and Pitfalls (2026)

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Disclaimer: the information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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More References

Immigrant Visas
Before you Visit
Foreclosure Defense
Green Card, Citizenship
Useful Links
Small Business Bankruptcy

Blog on Bankruptcy

Relief from Stay in bankruptcy
Repayment criteria in Chapter 13 Bankruptcy
Student loans can be paid directly
Miscellaneous and Early Payoff
Monthly Plan Payment in Chapter 13 Bankruptcy

Aron Szabo and The Szabo Law Group serve clients throughout Florida. If you’re in need of legal assistance related to Immigration, Visas, Green Cards, Bankruptcy and Foreclosure, call or visit one of our four locations. We have offices in Fort Lauderdale, Hollywood, Orlando, and Jacksonville.

Ft. Lauderdale

1401 Sawgrass Corporate Parkway, Ft. Lauderdale, FL 33323

Hollywood

5741 Sheridan Street, Hollywood, FL 33021

Orlando

37 North Orange Ave., Suite #500 Orlando, FL 32801

Jacksonville

5011 Gate Parkway, Building 100 Suit #100, Jacksonville, FL 32256

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