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Balloon Or Reset Mortgage Loans - Understanding The Basics
A balloon mortgage, also called a reset mortgage, offers lower
interest rates with the option in 5 or 7 years to pay off the
balance or resent the loan. Considered more risky than an ARM
since interest rates can jump significantly, it is a...
Cheap Equity Loans
Since the slump in house prices during the early-to-mid 1990s,
millions of UK homeowners have seen the value of their property
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equity rich and, on paper, very wealthy. But, with all...
Loans are not just for Christmas. Surviving the holiday debt hangover.
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Moneynet targets debt consolidation loans as UK bankruptcies rise
Moneynet.co.uk, the UK's most established financial comparison site has recently launched a new section on debt consolidation loans. Debt consolidation has become a major market in the UK as consumers struggle to pay off their debts.
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Online Car Loans - Getting A Good Quote Online
Online car loans enable you to get a good quote and ultimately the best deal. With dealerships and local banks, you are at the mercy of their rates. But with the internet, you can find the lowest rate in the country. These tips will help you find...
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If I file for Bankruptcy will my student loans get discharged?
So are student loans able to be discharged? In short, probably not. Student loan debts are nondischargeable in Chapter 7 Bankruptcy cases unless paying the debt would cause the debtor "undue hardship." This basic rule also applies to Chapter 13 Bankruptcy cases.
Discharge of student loans received popularity in the 1970's. Many individuals would file for bankruptcy shortly after completing their expensive education. The goal was to discharge these student loans before they began earning money.
The wording of the exception of a “hardship discharge” and what is considered a student loan has recently been broadened so that most student loans made by nonprofit groups or the government are now considered student loans. This only applies to the actual student and not a co-signor. So a parent signing for one of their children could not have this debt discharged. In addition, this exception does not include debts to an educational institution for tuition. If the loan is nondischargeable then the petition on the loan is also not going to be discharged.
So we turn to "undue hardship." Most published court opinions agree that "undue hardship" means more than garden variety hardships that come with the costs of future payments. Several circuit courts of appeals have developed a three-prong test.
In
summation, the debtor cannot maintain a minimal standard of living and his dependents are left with the debt, some additional circumstances in regard to the standard of living would extend over the life of the repayment of the loan, and the debtor has tried to the best of their ability to pay off the loan according to the plan.
The ideal debtor who will successfully discharge student loans are the low-income debtors. The debtor has the burden of proving their hardships. Any reason that makes this loan impossible for the debtor should be made known to your attorney. For example, unemployable debtors, underprivileged debtors, a total lack of available jobs suited for the debtor's skills, certain disabilities, etc. If any of these situations exist, your attorney will strive to prove any extenuating circumstances to the court to get these student loans discharged.
Read more about bankruptcy at www.bankruptcyhome.com
About the Author
Original content from bankruptcyhome.com can contact at info@bankruptcyhome.com
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Direct Loan Home Page |
The US Department of Education's lending arm for students in participating schools and student loan consolidation. |
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Secured Loans UK - Secured Personal Loans - accepted.co.uk |
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