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Student Loans And Bankruptcy
Dustin Said:
Question about bankruptcy, student loans, due hardship, credit cards...?We Answered:
Student loans cannot be discharged in a Chapter 7 BK filing. Student loans can be included as part of a Chapter 13 BK filing, which is a court supervised repayment of the debt.Chapter 13 does not discharge debt...it does make paying back the debt easier as it freezes interest rates at a low level. If he files for Chapter 13 then you can most likely include your credit card debt...this would simply be added to the amount that you'd have to pay back under the court supervised repayment plan.Cathy Said:
How does bankruptcy effect ones ability to get student loans?We Answered:
You cannot be denied a Federally guaranteed student loan because you have filed bankruptcy (11 USC 525).You can and probably will be denied a private student loan because of your bankruptcy. Those are dependent upon personal creditworthiness, and are much harder to qualify for since the financial crisis hit the banking industry in the USA.
Judy Said:
Has anyone filed bankruptcy on student loans?We Answered:
Why would you do that, anyway!? Student loans are among the easiest in terms of creditors. They will take practically any amount you will pay them which keeps you out of default.You're really not going to have much luck with bankruptcy. The bankruptcy laws changed recently, and where you used to be able to wipe away most debt with a bankruptcy, now you will have to provide means of repayment.
Contact a lawyer who specializes in bankruptcy. Good luck!
Lillian Said:
Can bankruptcy affect my ability to get student loans?We Answered:
not government backed loans but private loans yes. So you need to hope you can get enough financial aid from the govt, or else youll be SOLRuby Said:
Can student loans be written off in a bankruptcy?We Answered:
No, but the bankruptcy court can work with the US Department of Education, to make the payments more workable with your budget.