Less than one tenth of one percent of debtors who file for bankruptcy even attempt to have their student loans discharged. Discharge on hardship grounds in roughly 40% of cases are won. The loan debt can only be discharged by filing an adversarial proceeding and meeting the “undue hardship” standards as outlined in the federal statute that governs the situation. This is a separate trial for additional cost.   To read a 2011 study about the subject, go to: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1894445   ... View more

I was wondering if anyone might bknow this one -    If a person from Idaho moves to Oregon and files bankruptcy before two years, they are considered an Idaho resident, by Oregon. Where is it registered and advertised? In my old hometown or my new hometown?   ... View more

I have had student loans for many years, starting when I first became a single parent. I could not survive without them, and the later I was homeless and then paying child support. During this time I have consolidated them a couple of times and used forebearance, etc. My time will be up next May, and I owe a large amount.   I was wondering if all the information about each loan follows to the new servicer? Can they tell the date, original loan amount, the type, the interest, etc? ... View more

My sister is in another state and in very bad health. I expect to loose her within a year. She has had 4 strokes, now has kidney disease, and today is getting her foot cut off due ot diabetes complications.  I plan to see my house and move there.   I have an 12 ft. RV (no bathroom) that is almost 50 years old that I purchased for $500 and painted and plan to live in it. I have a late model truck that I use to pull it, but might not have it after that bankruptcy. Its a 2011 that I owe $29K on that is worth about $25K. I want to keep it, yet not reaffirm it. I am afraid I will lose it before I can even get a job, so hence, I won't be able to get a job.   I will be filing on about $60k debt, and I have an additional $40k in school loans. I was trying to get an education and support my son when I had no income, hence the loans. I have spent years trying to get on my feet and pay things off, but had so many roadblocks.   Before my sister's health problems I had planned to work 2 jobs and pay everything off. Now with having to quit me job and move, I will have no job. I am almost 59, too. There is no way I can pay off what I owe. Even the school loans will be impossible.   I was wanting to move down south where there are better job opportunities, after my sister passes away. I really need the truck. I am hoping that if my house sells, to maybe get a profit of between $10k to $20K.   I understand purchases over $600 are questionable 90 days before filing. If I am jobliess and homeless, do they take away the cash I have on hand to survive and get another truck? I have heard that in some cases the judge awards (?) you the vehicle. Is that only when you try to affirm it at FMV and the creditor doesn't agree? It is both my home and my transportation. If it is better that I live in in than my trailer, I would, if it helped any.   ... View more

Has anyone ever been successful in gaining a discharge of student loans through bankruptcy? I know that you actually have to file a separate thing to make it happen, or else it isn't considered and even ignored. ... View more