Bankruptcy and Student Loans

Bankruptcy and Student Loans.

Many people are under the impression that bankruptcy and student loans go together. When faced with outrageous prices for education it would seem that it would be an answer to many seeking relief. However, they do not mix and it is extremely difficult to have them discharged in a bankruptcy court.

Interestingly, in the 1970's it became common practice for someone to attend school and then file bankruptcy and student loans would disappear. It was a sure way to get a free education. Of course, as these cases grew, the government decided to limit the availability of this option. It became increasingly difficult to file for bankruptcy right after school. The common practice was now to wait at least seven years so the loan would be old. In order to file a person simply had to show that they had made their first payment seven years prior and that the loan was causing undue hardship. It was easy to prove the benefits of filing for bankruptcy.

In October 1998, the issue of bankruptcy and student loans again came to the forefront. The court ruled that such a case could not be filed and discharged unless three criteria were met. A person could not open a case unless they met this criterion. The first of these criteria is that you must prove to the court that you cannot keep up with your payment schedule. The second criterion is that you must prove to the court is that you are unable to pay in the future and that your financial situation is permanent. The third and final criterion is that you have made a good-faith effort to pay them back. If and only if you meet all of these criterions, may you open and file a bankruptcy and student loans case.

Even if you meet all of the requirements for opening a bankruptcy and student loans case, there is no guarantee that your loans will be discharged. It will depend on the judge that is hearing your case. Some judges will discharge some of the loans and leave you to pay part of them. Some judges will hear your case and will not discharge any of your loans. Once in awhile, a judge will take your particular case under advisement and discharge everything. This is extremely rare, but it is possible. It is not easy work to get a bankruptcy and student loans case discharged!

When you pursue your education, act responsibly and think before you apply for a student loan. Without foresight into your future, you could find yourself filing a bankruptcy and student loans case and damage the very future you have been working so hard to achieve.

When facing serious financial difficulties, most people resort to filing bankruptcy to eradicate their personal debts and start anew. Though it's clear that declaring bankruptcy is a viable option, discussing it further with your lawyer will determine whether it really is the best move to take. Some debts, such as those on student loans, can't be nullified by bankruptcy unless certain special conditions are met.

Other debts, such as child support obligations and federal taxes, also can't be resolved by bankruptcy. Likewise, drunken driving cases that resulted to criminal fees or judgments will still have to be attended to. Student loans fall into this category.
It's important to understand the logic behind student loans. Congress makes it difficult to eliminate student loans to encourage lending companies to give out such loans. This lets more individuals go to college and generate higher incomes as they reach working age.

Resorting to bankruptcy because of student loan difficulties isn't easy. You have to be familiar with "undue hardship" if you want to wipe out your loans. "Undue hardship" basically means you can't settle your debts, even when living at the lowest acceptable standard of living set by the government. When that sounds like your situation, then a sympathetic judge just might order your student loan debts wiped.

The law isn't very clear in such situations, but if you can satisfactorily prove that you've tried (and failed) to settle your debts in the past, and that your situation isn't likely to get better anytime soon, and then you stand a good chance of winning.

If bankruptcy doesn't take care of your student loan debts, you may want to resort to an administrative discharge. While the chances are slim, it's still worth a try. For instance, if you're disabled for life, then you'll likely qualify for an administrative discharge that eliminates your student loan debts. Joining the military or the Peace Corps are also good ways to wipe out your debts.

Student loans and Bankruptcy - why can't they be wiped out with a Chapter 7? Congress passed a law that made student loans payable no matter what your circumstances are, there is no statute of limitations on the debt which means you will owe this debt until you can pay it off. There have been some cases of proof of financial hardship where the court might have reduced the debt or deferred payment, but this is rare.

So what is financial hardship? Would mean that you would have a limited amount of money and a lot of mouths to feed and no money left over to pay this debt off over 10 years and sometimes stretching it over 25 years with consideration by the court of increased wages over the future years.

There are some cases of wiping out part of your debt by a chapter 7 and even deferring payment over a year or so. Usually this will depend on the state where you live and the court to decide what they can do with your student loan because of the new law passed by Congress.

Chapter 13 Bankruptcies do have the option to accept payments in the amount deemed by the trustee and an amount that you can afford, but when the chapter 13 is over you still owe the balance and the interest due on the student loan.

If you cosigned on a student loan you are also responsible to pay the loan back even if you the student cannot pay it and again it cannot go through bankruptcy and be discharged. Check with a Bankruptcy Attorney about the student loan and your bankruptcy plans so you can find the best solution for your circumstance.