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How To Clear Your Debt Through Bankruptcy Student Loans?

Jan 18, 2008
Most student loans that are given by governments and which cannot be easily paid back may not always be rid off even through filing bankruptcy student loans, and the only option open to such a defaulting student is proving considerable financial hardship which in it is often quite hard to prove. However, 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, and under such circumstances you need to make what is called good faith effort, which means not trying to lie to creditors, and that in spite of your best efforts, you still do not have enough funds to pay off your loan.

For those with a large student loan bankruptcy can help eliminate other unsecured loans freeing money to help off the student loans. Additionally, since the government eliminated discharging these loans through bankruptcy, other safeguards have been put into place, such as the amount of a person's net income that can be taken through garnishment for a student loan. Depending on the circumstances, there may be some relief available for those with excessive loan balances.

Today, the person claiming Chapter 7 bankruptcy has to show that an undue financial hardship will result if the loans are not discharged. As in many cases with bankruptcy and student loans make up a large portion of the individual's debt, a portion of the loan may be discharged by the judge, but most of the loan will remain a legal debt. In other cases in bankruptcy and student loans are reviewed, if the loans are found to have been sold repeatedly to other lenders and with changing interest rates it is difficult to determine an exact balance, some or all of the loan may be discharged.

The fact is that according to some estimates, it is believed that only ten percent of a borrower's 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.

Under the provisions of Chapter 13 bankruptcy, a debtor can arrange to have all of their unsecured and secured debt become part of a repayment plan through a court trustee. In these cases of bankruptcy and student loans are included, the person must meet specific criteria, for example showing they have sufficient income to make the monthly payments determined by the court to pay off the total debt within five years.

Chapter 13 Bankruptcy Is An Option

To get relief from aggressive collection actions on a student loan bankruptcy through what is called Chapter 13 may be an option. Provided the person filing for protection meets the criteria, it is possible to have a court trustee oversee loan repayments, offering bringing the person's monthly payment schedule more in line with their income. Over the life of a chapter 13 bankruptcy, if the person's income increases, the debtor's can petition the court for larger payments to be made.

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 as well as websites of concerned authorities to find a workable solution for your financial woes.
About the Author
Keith Lee has almost filed for bankruptcy but managed to come back stronger and richer.
To learn more about Bankruptcy Student Loans ,
visit http://www.1StopBankruptcyGuide.com/Bankruptcy-Student-Loans.html
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