While it can be challenging, it is not impossible to have student loan
debt discharged in bankruptcy.
However, there are some instances where you may be able to get your
student debt discharged in a bankruptcy court proceeding.
A court has considered whether borrowers owe taxes for the amount
of debt discharged by a lender from a short sale of real estate.
The only thing better than
getting debt discharged in bankruptcy is finding out it never belonged to you in the first place.
One lawmaker is attempting to provide some relief for families who have received tax bills after the death of loved ones due to student
loan debt discharge.
Some lenders offer private student
debt discharge with death, others offer forgiveness if you are permanently disabled.
Those lucky enough to negotiate a debt settlement with their credit card company will receive a higher tax bill whereas credit
card debt discharged in bankruptcy is not taxable.
Also, once the creditor proves there is indeed fraud committed, there is a higher chance for denial
of debt discharge.
With all the media hype surrounding
student debt discharge, a number of scams have opened up looking to take advantage of student loan borrowers.
You can't have
debt discharged in a Chapter 7 bankruptcy for eight years once you've completed the process.
Certain retirees may be able to have their student
debt discharged if they're totally and permanently disabled, but that's not an option for everyone.
The United States Congress, in an effort to tighten the requirements for bankruptcy and reduce the number of debtors who were able to qualify to have their
unsecured debts discharged by filing Chapter 7 bankruptcy, passed the Bankruptcy Abuse and Prevention and Consumer Protection Act of 2005.
One of the other things I would pay careful attention to is getting your Massachusetts short
sale debt discharged.
The exclusion
from debt discharged in bankruptcy from your income tax bill is codified in the Internal Revenue Code section 108 (a)(1)(A) which provides:
However, Navient misreported some student
debts discharged due to disability as defaulted, the CFPB claims.
Recently on our legal forum a user asked, «I filed bankruptcy several years ago and had several of my
large debts discharged.
I have extensive experience and knowledge of
debt discharge issues in Western New York bankruptcy courts.
This barrier to debt relief was put in place by Congress to reserve chapter 7 for those who are truly in need of its
powerful debt discharge.
Bankruptcy can be an attractive option for over-extended real Estate investors
because debts discharged in bankruptcy are not taxable events.
Since you are already employed in a career that you likely do not like, consider switching to a career that will allow you to have your
massive debts discharged, reduced, or forgiven.
Other exceptions that let you avoid paying taxes
include debt discharged in bankruptcy, debt given as a gift by a friend or family member, and certain business real estate and farm exclusions, he says.
Chapter 7 cases typically move relatively quickly, with most filers receiving a
complete debt discharge within 6 months.
Certain retirees may be able to have their student
debt discharged if they're totally and permanently disabled, but that's not an option for everyone.
Chapter 7 Bankruptcy, also known as the «Fresh Start Bankruptcy», allows you to press the re-set button and get all of your unsecured credit card, medical, department store card and some personal
loan debt discharged in only four months!
For debtors that own little property, this may be an attractive option because it may be possible to have many
unsecured debts discharged.
One of the other things I would pay careful attention to is getting your Massachusetts short
sale debt discharged.
On the form, box 2 shows you the amount
of debt discharged — you'll need to put that in the «Other income» line on your 1040 tax form.
«Historically, the best - case scenario for having student loan
debt discharged in bankruptcy is having a severe medical condition,» Ausin said.
If you need a line of credit after having
your debt discharged, you might have trouble finding a company to approve you.
A key caveat to the 40 % discharge figure which is misleading, from the link: «In fact, according to a study published in 2011 by Jason Iuliano, at least 40 percent of borrowers who do include their student loans in their bankruptcy filing end up with some or all of their student
debt discharged.
Would my disability count as an qualifying event to get
my debt discharged, especially if my income changed?
Under current law, the amount of
debt discharged is treated as taxable income, so you will have to pay income taxes 25 years from now on the amount discharged that year.
The Chapter 7 bankruptcy is an attempt to have all unsecured
debt discharged.
Do you think we can get
his debt discharged?
The Brunner test is three standards drawn from a 1987 court case (Brunner v. New York State Higher Education) that set the standard for how much proof the debtor must bring to have a student loan
debt discharged.
With
its debts discharged, the retailer would throw off plenty of cash to fund Lampert's future investments.