Remember, student loans aren't dischargeable debt.
Not exact matches
Their loan rates are high and if they can
not pay, their
debts are
not normally
dischargeable in bankruptcy.
The latest report details a new twist: At least one servicer has been advising borrowers who have already gone through bankruptcy that their student loan
debt is
not dischargeable.
There are a few
debts that are
dischargeable in a 13 that are
not dischargeable in a 7, but the discharge is essentially the same in both.
This means that all
dischargeable debts are discharged and creditors may
not attempt to collect on those
debts.
It's important to know whether or
not your
debts are
dischargeable before filing for bankruptcy.
If you file a Chapter 7 or Chapter 13 bankruptcy, you must list all your creditors, whether or
not you intend to repay any of them and whether or
not the
debt is
dischargeable.
So, which
debts are
dischargeable and which aren't?
Whether or
not a
debt is secured or unsecured has no bearing on whether or
not it is
dischargeable.
Besides, most student
debt is
not dischargeable through bankruptcy.
If you're going to end up robbing Peter to pay Paul, I don't see the point of trading an unsecured,
dischargeable debt for another
debt and a non-
dischargeable IRS obligation.
Dischargeable debts do
not disappear.
A PA also may
not have included a previously received LSC LRAP loan in any bankruptcy filing as a
dischargeable debt.
Moreover,
not all
debts are
dischargeable so you will end up with some outstanding obligations you will need to meet on a monthly basis, thus limiting your income.
In my opinion this situation is
not about if
debt settlement or credit counseling would be right, it's about what solution addresses his ability to focus on his schooling, the
debt is
not dischargeable, and put him in a safer financial position that would allow him to save money to protect himself.
However, certain
debts are
not dischargeable under Chapter 7; most student loans, recent taxes, alimony, child and court ordered support payments and drunk driving judgment.
In my opinion this situation is
not about if
debt settlement or credit counseling would be right, it's about what solution addresses his ability to focus on his schooling, the
debt is
not dischargeable, and put him in a safer financial position that would allow him to save money to protect himself.As far as me being an expert, I'll leave that up to Zeeshan to decide.
The above list is general information about the types of
debt that are
not dischargeable in a bankruptcy and should
not be considered a comprehensive list.
But did you know that student loan
debt is one of the only forms of consumer
debt that isn't
dischargeable in bankruptcy?
Chapter 7 is
not a payment plan, all the unsecured
debt that is legally
dischargeable is erased with no payment whatsoever and the consumer gets a fresh start.
Regardless, any consumer who has vocational student loans with a private lender should have their attorney go for a full discharge if the school they went to was
not an «eligible education institution» under 26 USC 221 (d)(1) and (2) means that the
debts are
not «qualified education loan (s)» under 11 USC 523 (a)(8)(B), and therefore are
dischargeable.»
Credit Card
Debt May be
Dischargeable in a Chapter 7 Bankruptcy, but a Court Order for Payment of Credit Card
Debt to a Former Spouse is
Not
Debtors should know, before filing bankruptcy, what
debts are
dischargeable, which are
not, and which might possibly be excepted from discharge.
Student loans are
not dischargeable in bankruptcy, if you ever need to file for it, and having your mortgage tied to a credit card if you get into serious
debt can put your home in jeopardy.
Unlike any other consumer
debt, they are
not dischargeable through the normal bankruptcy process.
The myth about taxes
not being
dischargeable in bankruptcy likely derives from the U.S. Bankruptcy Code, in which only certain tax
debt for specific periods are
dischargeable and only in certain situations.
The other major impact of this ruling is that license plate renewals can
not be withheld over an unpaid 407ETR
debt if you are a discharged debtor because all 407ETR
debts are
dischargeable under a bankruptcy proceeding or consumer proposal.
In some cases where only one spouse has
debts, or one spouse has
debts that are
not dischargeable, it might be advisable to have only one spouse file.
If you borrow money with the specific intent of discharging the
debt in bankruptcy instead of paying it back, the
debt may
not be
dischargeable.
The fact that the student loans in question were
not to an «eligible education institution» under 26 USC 221 (d)(1) and (2) means that the
debts are
not «qualified education loan (s)» under 11 USC 523 (a)(8)(B), and therefore are
dischargeable.
This really is
not a good plan either I guess because all this time I am making minimal payments that are
not even putting a dent in my
debt and although I will soon be relieved of the
dischargeable credit card
debt, the interest on my loans has just been accumulating and I am sure I will
not be able to afford the incredibly high payments once they stay has ended.
If the
debt is a
dischargeable debt then you will
not have to pay it.
However, there are certain types of
debts that are
not dischargeable in a bankruptcy.
(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act; (2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or (3) has
not paid a
debt that is
dischargeable in a case under this title or that was discharged under the Bankruptcy Act.
However, some
debts that are
not dischargeable in a Chapter 7 may be
dischargeable in a Chapter 13.
The list of non-
dischargeable debts is
not exactly coherent, so it is hard to back out consistent logic as to why something is or is
not dischargeable.
And if the debtor does, indeed, bring the action to determine dischargeability, the debtor also has the burden of proving that the
debt is subject to discharge - the creditor does
not have to prove the
debt is
not dischargeable.
Some other types of
debts are
dischargeable in some circumstances, but
not others.
If you are the subject of any
debt collection activity over student loan
debt you should listen very carefully for the
debt collector to say your student loans are
not dischargeable in bankruptcy.
There is nothing worse than taking on a load of
debt that is
not dischargeable in bankruptcy, and having no good way to pay it off.
Most business and consumer
debt (such as a private student loan) isn't
dischargeable after death.
As to student loans and tax
debt, please do
not confuse unsecured
debt with
dischargeable debt.
In these cases, the Court may also deny your Chapter 7 petition in whole, meaning that you can
not be discharged from regularly
dischargeable debts.
Section 523 (a)(8)(B) provides that an educational loan is
not dischargeable unless «excepting such
debt from discharge... will impose an undue hardship on the debtor and the debtor's dependents.»
If you have
debts which are
not dischargeable filing bankruptcy is
not the right solution for you.
The Bankruptcy Code identifies certain
debts that are
not dischargeable in bankruptcy.
Regardless of whether the
debts are public or private, student loan
debt is
not dischargeable in bankruptcy absent a showing of undue hardship.
Student
debt is
not dischargeable in bankruptcy like other types of
debt; thus, delinquent or defaulted student loans can stagnate on borrowers» credit reports, creating an ever - increasing pool of delinquent
debt.
Income - base repayment plans are
not available for those with private loans and the
debt is
not dischargeable in bankruptcy.
Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceed
Debts dischargeable in a chapter 13, but
not in chapter 7, include
debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceed
debts for willful and malicious injury to property,
debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceed
debts incurred to pay non-
dischargeable tax obligations, and
debts arising from property settlements in divorce or separation proceed
debts arising from property settlements in divorce or separation proceedings.