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Student Loans & Filing Bankruptcy

Jun 24, 2008
Most student loans that are given by governments and cannot be easily paid back may not always be paid off even if an individual files bankruptcy student loans. The only option open to such a defaulting student is proving considerable financial hardship, which is often quite difficult to prove. If you still want to file bankruptcy student loans, you need to prove that you are unable to pay off your student loan either according to repayment schedule, or in the coming years. Under these dire circumstances, you need to make what is called "good faith effort," which means you will not lie to creditors regarding your financial situation, and that in spite of your best efforts, you still do not have enough funds to pay off your student loan.

The Ruling

Getting your bankruptcy student loans to be written off through such means basically depends on how the bankruptcy judge views your case. If you are lucky, then you may get a judgment that will pave the way for financial discharges either entirely or in part. Even if you are discharged, you still need to wait until the judgment before you try to get a new loan.

Most student loans are quite flexible and come with a number of options and this may be the reason why students take loans indiscreetly and then realize that they do not have the funds to pay back the loans. Since one of the options open to such students is bankruptcy student loans, it requires that they learn about what such a course of action means for them and they should realize that it is not possible to discharge federal loans through bankruptcy.

And, following some changes in the laws pertaining to bankruptcy student loans that came into effect in October 1994, it is now almost futile in choosing bankruptcy student loans as a way out under such circumstances.

Applying for New Loans

The fact is that according to some estimates, it is believed that only ten percent of a borrowers pay can be used to pay off his or her student loan, which means that you should also discuss with the person or company that lent you the money to come up with a means that will help you out of your predicament. It is common to state certain reasons when filing bankruptcy student loans and these include the school or institution being closed, and also death of the borrower. Nevertheless, filing for bankruptcy student loans does not mean that financial aid administrators can refuse you a new loan because of a previous bankruptcy; though, your history of credit following your bankruptcy can decide whether you get a fresh loan or not.

The best option open to you when you are planning on filing bankruptcy student loans is to consult either the lender or the administrator in your school that handles student loans. There are also several websites of concerned authorities that can also help to find a workable solution for your financial woes.
About the Author
Are you wondering if credit card consolidation is the right way to get out of debt? Visit the Debtopedia website at http://www.debtopedia.com to find out more about it and how to determine if it's the right answer for you.
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