Bankruptcy and Student Loans?
Apr.02, 2008 in
Uncategorized
taochiespirt asked:
I needed to know, I want informed that there existed two factors by which your student loans could be dissolved in a Bankruptcy, (one you can prove that you don’t have the funds nor will you be able to earn the funds to pay off the debit: two you can prove that you are below the proverty level and request a hardship dissolvment. Is it true, or is there a way to reduce the amount of your student loan.
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I needed to know, I want informed that there existed two factors by which your student loans could be dissolved in a Bankruptcy, (one you can prove that you don’t have the funds nor will you be able to earn the funds to pay off the debit: two you can prove that you are below the proverty level and request a hardship dissolvment. Is it true, or is there a way to reduce the amount of your student loan.
Accounts Receivable Factoring Quote, Invoice Factoring, Accounts Receivable Factoring, Factoring Loan For Commercial Finance Loans – AR Factor Quote * Equipment Financing * Purchase Order Finance * Commercial Mortgage – IMM Financial has been in the Commercial Finance Business serving companies just like yours for over 14 years. Put our experience to work for you. We are the Cashflow Specialists.
invoice factoring
April 4th, 2008 at 8:28 am
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You wre right about the 2 factors. Those are the only ways.
April 7th, 2008 at 2:10 am
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Student loans, generally, are not dischargeable under any chapter of the Bankruptcy Code unless the borrower can show “substantial hardship.”
A Bankruptcy can, however, eliminate other debts that are competing for your dollars and provide a measure of peace during a Chapter 13 plan. Further, in a Chapter 13, some courts permit the debtor to separately classify a student loan so that a greater percentage of disposable income goes to the student loan than non-secured debt.
Hardship Discharge:
A student loan can be discharged or modified in a hardship proceeding. This is an adversary proceeding and requires the filing of a Complaint to Determine Dischargeability. A discharge will be granted if proved that repayment of the loan will create a substantial hardship on the debtor/borrower and his or her family.
The hardship standard is generally interpreted to mean that the debtor cannot maintain a minimally adequate standard of living and repay the loan at the same time. Further, it also requires a showing that the conditions that make repayment a hardship are unlikely to improve substantially.
Courts in some circuits will permit the judge to find that the debtor can repay a portion of the loan without hardship, and to discharge the balance of the loan.
Contesting the Enforceability of the Loan:
Student loans are contracts like any other loan and are subject to challenge for fraud, etc. Also, students loans are not enforceable when the school has closed prior to the student completing his education. These challenges could be raised in a Chapter 13 proceeding and decided by a bankruptcy judge. In the usual Chapter 7, there is no dividend to creditors and thus no reason for the bankruptcy court to rule on the enforceability of a claim, outside of an adversary proceeding to obtain a hardship discharge.
Challenging the Loan Balance:
A pervasive problem in student loans is the state of the lender’s records: the loan has been transferred several times and it is not clear just what is owed and whether all the additional charges are in accordance with law.
Consider using an objection to the claim of the holder of a student loan in a Chapter 13 to get a judicial determination of the rights of the borrower. In bankruptcy, the burden of proof is on the creditor. Once a judge decides what is properly owed, principles of collateral estoppel should make the decision of the bankruptcy court binding on the lender even if the repayment period on the loan stretches beyond the end of the plan.
April 9th, 2008 at 3:20 am
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If you declare bankruptcy and want to discharge student loans, you must file a legal action in your bankruptcy called an adversary proceeding. You must prove that (1) you or your dependents cannot maintain a minimal standard of living if forced to repay the loan; (2) additional circumstances exist exist indicating that your financial state of affairs is likely to persist for a significant portion of the repayment period; and (3) you have made a good faith effort to repay the loan. The court does have to discretion to grant a partial discharge.
In reality, the concept of “undue hardship” is difficult to prove and nearly impossible without the assistance of any attorney. Please consult a local bankruptcy attorney for more information.
April 11th, 2008 at 3:07 am
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Loans can NOT be dc thru backruptcy..it can only be dissolved if u are permanently disabled. There is a hardship deferrment which postpones payment but doesn’t take care of it totally.