I have extensive experience and knowledge of
debt discharge issues in Western New York bankruptcy courts.
Not exact matches
At the end of the process, the bankruptcy court
issues a
discharge that operates as a permanent injunction preventing creditors from seeking to collect on
debts that were included in the bankruptcy.
Private student loan bankruptcy
discharge is one of those
issues in the
debt world that many just make the wrong assumptions about.
We cited a report from the 1970's in our testimony because 1) This is the report Congress commissioned during the initial debate on this
issue, 2) This report did not support the conclusion that students were more likely to
discharge debts in bankruptcy, and 3) It is the only comprehensive report on this
issue that we know of.
The court
issues a bankruptcy
discharge releasing the debtor from liability for specific
debts.
This bill would address the bankruptcy
issue head - on by amending the bankruptcy code to allow
discharge of student loan
debts without «undue hardship,» with the exception of federally - subsidized loans.
After your bankruptcy
discharge is
issued, you have no personal liability to repay the
debt (unless you've reaffirmed the
debt).
For loan forgiveness that is considered taxable income, your lender will
issue you a 1099 - C for
Discharged Debt.
The real
issue isn't the concept of student loans, but the reality: High interest rates, laws that make it near impossible to
discharge college
debt even in bankruptcy, astronomical college prices that each year pull the dream of a college education out of reach of millions of Americans.
If these
debts aren't current, there is a chance that your bankruptcy won't be
discharged, which could lead to
issues.
Another
issue is that
discharged debts remain on your credit report for 7 years after they are
discharged.
The Department of Treasury has
issued a ruling that
discharges of
debts for Corinthian borrowers will not be considered taxable income.
A
discharge order — eliminating liability for repaying your
debts and stopping any future creditors» collection actions on this
debt — will be
issued two to three months after your meeting with creditors.
A
discharge order — eliminating liability for repaying your
debts and stopping any future creditors» collection actions on this
debt — will be
issued 2 - 3 months after your meeting with creditors.
If
debts for «all student loans» are presumptively non-dischargeable, then more than 10 million
discharge orders have been
issued with an erroneous legal conclusion since 2005.»
Unlike other types of consumer
debt, privately -
issued financing can not typically be
discharged during bankruptcy, which means it's nearly impossible to escape privately -
issued debt.
Tax
issues, including income from the
discharge of indebtedness, income - tax consequences of
debt modifications and the preservation and exploitation of net operating losses.
Many other substantive law
issues arising under federal law are also considered in state court (e.g. the effect of a bankruptcy
discharge in a state law
debt collection action).
A challenging
issue is the Virginia court's right to use its contempt of court powers when a spouse fails to pay a
debt discharged in bankruptcy.
A
discharge of the couple's joint
debts can eliminate a potentially contentious
issue in a Virginia divorce: who will pay each joint
debt.
In the case of all federal student loans, including Subsidized, Unsubsidized, PLUS loans, and Perkins loans
issued via the student's college or university, a loan is
discharged if the student who benefited dies before the
debt is repaid.