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Bankrupcy is not the fix that you think it is. If the student loan is your only loan, then you need to find a way to pay it back.As Missmezzo says you won't be able to file bankrupcy. You are probably pretty young, but you don't get to just file bankrupcy and start over. Your credit is messed up for several years and bankrupcy is not free. You need to get a job (or a better job), cut back on your spending and pay your loan. Then, you can apply for another one and go back to school.
The borrower's bankruptcy options on student loans have shrunk to a very few. Changes to the Bankruptcy Code in late 1998 made student loans non dischargeable, regardless of the age of the loan, unless the borrower can establish substantial hardship. Changes in 2005 made even private student loans non dischargeable.
If you default on your loan you will have to certify eligibility for a new loan. Schools require evidence that you've made satisfactory arrangements to repay.
A bankruptcy can stay on your credit record for 8-10 years. follow the advice of postmuffin and try to adjust your spending or make payment arrangements with the first loan. You will find it very hard to get any loan after declaring bankruptcy.
Student loans are not dischargeable in bankruptcy unless you can show that your loan payment imposes an "undue hardship" on you, your family, and your dependents. Non-dischargeable debts are those debts that you cannot totally eliminate when you file for bankruptcy and will have to be paid by you.
It is almost impossible to show an undue hardship unless you are physically unable to work and the chances of your obtaining any type of gainful employment in the future are non-existent.
Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, privately funded student loans are treated the same way that loans funded and guaranteed by the federal government or nonprofit institutions. Prior to the new law, if you had a loan from a private-sector lender that was not guaranteed, it could be discharged under chapter 7. The new law gives these loans the same protection as the guaranteed loans.
If you would like to discharge your student loans under the "undue hardship" exception, you must file a separate motion with the bankruptcy court and then appear before the judge to explain your hardship. This is not an easy task, so if your student loans are the main part of your debt, you would be better off not facing the harshness of bankruptcy as courts are extremely reluctant to discharge student loans.
Sorry, not anymore. If you do peace core or some government sponsored program sometimes they can be forgiven
I might be wrong but I thought student loans were not dischargeable in bankruptcy?
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by Anonymous on September 3rd, 2009
| 1 person likes this
You're reading 4 Years ago I attended a business college for 2 months, i recieved a student loan but never completed school, If I file bankruptcy, will my student loan be wiped out and will I be able to get another student loan for a real college? A four year college?
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