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A Guide to Finding Inexpensive Direct Loans
For those individuals who are looking for fast and inexpensive direct loans, it may seem as though there is too much information and too many possible loan options for them to make an informed decision about the direct loans that they want.
Of...
Home Loans - A Basic Introduction
The most popular method of financing a home purchase is with a
mortgage. This is a loan that is secured over the home. There
are a number of different mortgage suppliers and you will have
to shop around in order to get the best deal. Given that...
Let Us Uncover The Mystery Of Secured Loans
Okay, so one day you wake up and realize that you are far away from understanding your finances, let alone managing them. Finances are a gamble where you ought to win. If you lose you lose everything - whatever you have build, you have bought, you...
No Deposit Home Loans
A few years ago, many of us would have had a light chuckle to ourselves if someone mentioned that you could borrow money to buy a house with only the promise of solid future earnings. But today this is a regular occurrence. Many of the...
Two Easy Ways To Get Cheap Home Loans Online
If you're like most people, you probably want a cheap home loan - but don't know how to reduce your payments.
There are some easy ways to do this. First, find the loan company with the lowest rates online. Second, get the best loan to value on...
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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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