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Bankruptcy and student loans

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Valued Member

Bankruptcy and student loans

I dont think you can include the student loans in bankruptcy can you? Tell me more about this please. What are solutions if you can’t include it or what happens after you file bankruptcy? What
Message 1 of 6
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New Visitor

Re: Bankruptcy and student loans

i am going to answer this question because it seems few people do on this forum and i know you are looking for help... the answer you need is really all over the web but for all intent and purpose..

 

as a genral rule federal student loans can not be discharged in bankruptcy.. there are some exceptions but they are rare and will be challenged by the bankruptcy magistrate and attorneys from the united states department of education..

 

you have a much better chance of trying to qualify for loan forgiveness or researching your student loan circumstance to see if perhaps you can apply for loan cancellation by submitting a borrower defense to repayment..

 

you would have to prove to the bankruptcy court that repayment is so unlikely in the future the lender should have no expectation of collection at any point going forward even with the collection action leverage they have..

 

this would probably come from an argument structured around life long ailments and serious disabilities for example.. and even then you need to find an excellent attorney who has been successful getting educational loans discharged in bankruptcy..

 

i would calculate your odds at being successful in this as next to none unless you have the aforementioned conditions..

 

 

 

 

 

Message 2 of 6
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New Contributor

Re: Bankruptcy and student loans

From Experience, the student loan payment will be reduced to $0/month until after your bankruptcy has been discharged. Once the loan servicer gets notification of the discharge and processes it, then you'll continue in a "current, not past due" status at your regular monthly payment. You can see if you qualify for an income based repayment plan. My federal student loans are serviced with Mohela, and they would not allow me to negotiate a payment plan until they received and processed their notification of my discharge. This seemed to stretch out over a few months.

Message 3 of 6
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Valued Member

Re: Bankruptcy and student loans

Does discharged mean that the bankruptcy went through or it didn't? What is my bankruptcy is denied because they determined that I could pay it, what happens to the student loan sccount while in the process and after? How long does it take to get a decision if bankruptcy went through?

Message 4 of 6
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Frequent Contributor

Re: Bankruptcy and student loans

HighGoals I’m no expert. My BK7 was just discharged on 12/26. Discharge (or DC) means your eligible debts are gone. It was a successful BK. My student loans showed $0 payment due from the time I filed and are still showing that now in my Navient account. But it’s my understanding that when they receive notice that the BK is over, my payments will resume. I filed on 9/23 and the case was closed on 12/26.
Maybe this should be moved to Bankruptcy if this doesn’t answer your question.
Message 5 of 6
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Valued Member

Re: Bankruptcy and student loans

Okay. Was all of the past history or lates gone?
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