Question by Katherine12684: How do you discharge student loans in bankruptcy? I filed for a ch. 7 in Florida without a lawyer. I know that student loans are usually not discharged unless you can show hardship. I have a disability that makes it difficult to work and function, and I heard it could be counted as a reason to get it discharged. But I have no idea where to find the form to file this kind of motion. I'm sure hiring a lawyer would be beneficial, but if I had thousands of dollars lying around to hire one I wouldn't need to file bankruptcy. I can't work because of my condition and have no savings left.. :-( Best answer for How do you discharge student loans in bankruptcy?:
Answer by Sharon T
There are times when attorneys are worth their fees and this is certainly one of them. To discharge these loans, you will have an uphill battle showing you not only cannot do so now but will never be able to.
Answer by mister ed
now is the time you drop a dime and hire a lawyer!!!
Bankruptcy Lawyers California. Visit www.JenniferFieldBankruptcyLawyer.com or call us at (909)625-0220 for more information about bankruptcy in Claremont Can a bankruptcy discharge student loans? TheLaw Office of Jennifer L. Field (909)625-0220 405 N. Indian Hill Boulevard Claremont, CA 91711 http The Law Office of Jennifer L. Field PHONE: 909-625-0220 The Law Office of Jennifer L. Field, is a leading and friendly California law firm serving clients for many years in the areas of Probate, Estate Planning and Bankruptcy issues. I am a dedicated and experienced attorney serving your unique needs and legal requirements. When you make an appointment, you will meet and speak with me directly and not a law clerk or paralegal. I understand your case is personal and intimate to you and your family so I make sure to take the time to answer any questions you may have to fully address your needs. Give me a quick call without obligation to see how I can help you. At minimum, I might be able to clarify any questions or concerns you may have at this time. * The Law Office of Jennifer L. Fields serves the Inland Empire legal communities for the counties of San Bernardino, Riverside, and Los Angeles, including the cities of Claremont, Upland, La Verne, Rancho Cucamonga, Fontana, Montclair, Ontario, Pomona, Glendora, Covina, San Dimas, and surrounding cities.*
http://leafgardenpress.com/ Can a bankruptcy discharge student loans? - Bankruptcy Lawyers Claremont
Eliminating student loan debt in bankruptcy court is a very high burden for debtors to meet under the Brunner Test, which was adopted in the 9th Circuit under In re Pena, 155 F.3d 1108 (1998). The three-part test for a bankruptcy discharge of a student ... Student Loan Lawyer Wins One For Consumers
Discharging their debts is why ninety plus percent of people file for bankruptcy. Of all the loans that are hard to get rid of in a bankruptcy, student loans are near the top of the list. Congress has set up the student loan programs to provide a lot of flexibility to students in paying back their loans. Congress has also asked the private institutions and creditors that provide the loans to be extremely flexible in collecting the loans.
But, the flexibility came with strings attached. In return for this flexibility, they made it clear to the bankruptcy judges that they were serious in expecting these loans to be repaid. The courts, taking their cue from Congress, will require that you show extreme hardship in order to have your student loan discharged. And it rarely happens.
Based on the rules for extreme hardship, it is difficult for a person to prove.
If you don't have legal training and are not used to spending a lot of time in the law library, you will probably find it best to hire an attorney to file your hardship motion. Because if, for whatever reason, the court doesn't rule for you, it won't even be worth filing for bankruptcy to get your student loans dismissed as it will almost certainly be denied. If, however, the court rules in your favor, then you at least have a chance of prevailing in bankruptcy court. It is best, however, not to get your hopes up.
When making the determination as to whether you meet the qualifications to be considered a hardship case, the courts look for certain things. The first thing they base their decision on is your income and expenses. If you can demonstrate to them that you are not even capable of maintaining even the barest of living standards, you will probably meet this first test.
A perfect illustration of a hardship case would be a person who has graduated from college, got a job, and bought a home. And due to certain circumstances, loses his homes and is now homeless. The second criteria is that your current situation shows no sign of changing. In other words, if you are homeless but have just began working at a job that could soon get you off of the streets, then your prospects are looking up and your request for hardship is likely to be denied.
Before ruling in your favor, the third thing that the bankruptcy judge will want to see is proof that you have honestly made multiple tries to repay the debt. But, if you have not even made an attempt to look for employment or work at a job, your case will probably fail. But, if you meet all three of these conditions, you have a good chance of winning your hardship case. Find More Discharging Your Student Loans Via Bankruptcy Issues
No comments:
Post a Comment