Student Loans and Bankruptcy
When someone files for bankruptcy they will have the ability to clear up most of their debts. However, most student loans will have to be paid back, even after filing for personal bankruptcy.
It is very difficult to get out of having to pay back your student loans. In order to do so you would have to prove that your finances are not substantial enough to ever make a payment.
Since you have filed for bankruptcy, and therefore either reduced your payments or eliminated all that debt all together then it will be difficult to prove that you aren't able to repay your student loans.
Once you go to court about filing for personal bankruptcy and everything is laid out on the table, the judge is truly the only person that can decide whether or not a student loan would have to be re-paid.
It will basically boil down to his own opinion of you and your current situation. The judge will just use his best judgment when making this decision.
If you can prove beyond a shadow of a doubt that you absolutely do not have the funds available, then he just, MIGHT, let you off without having to pay off a student loan. It would not be something that is likely to happen though. Most of the time, the judge will decide that this is your responsibility and some form of payment arrangement will have to be made to pay off half to all of this debt..
In most cases when you are having difficulties making your student loan payments you could just simply talk with your lender and explain your situation. In being honest with them, and not avoiding them, they will more than likely work with you,
They are much more courteous than many other bill collectors. Student loans are hard to get out of re-paying when filing for bankruptcy but they are one of the easier ones in getting the lender to agree on a payment plan that would be best suitable for your available finances.
Some people choose a student loan debt consolidation option vs filing for personal bankruptcy to assist with getting their student loans paid off. Debt consolidation loan companies can offer several different payment plans to assist you.
Try not to take too many years to repay because you are just racking up more interest that will also have to be paid. So, make your payments as high as you possibly can in order to get the student loan paid off as soon as possible.
The lender will work with you, if you work with them. Try it first.
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Student Loans and Bankruptcy