Student Loan Debt Relief Not Available In Bankruptcy
Posted on May 6th, 2008 at 8:25 amAt one time a large portion of student loans ended up in bankruptcy court but recent changes in the federal bankruptcy code has erased the possibility of obtaining student loan debt relief through the bankruptcy court. There are very few circumstances in which student loans can be eliminated through bankruptcy and the courts, as well as the creditors, are quick to dispute any attempts.
Many students loans were obtained with the knowledge that repayment would not have to begin until after graduation and with loans for post-graduate studies, by the time the students ends their educational career, they are burdened with obligations. Many student loan debt relief companies offer those students the opportunity to consolidate their debts allowing them to make only one monthly payment, which is often less than the total of individual payments.
It pays to be extremely cautious when consolidating bills for student loan debt relief loans as many times the interest rates are significantly higher than traditional loans, but since they are considered unsecured debt, the new graduate, without a stellar credit history, is considered a high risk and the interest rates are adjusted to reflect that status.
Talk Obligations Through With Debt Counselor
Many schools have resources students can use to help with student loan debt relief, and while not offering options to eliminate the obligation may have contacts for organizations that can help the student find legitimate companies for help with debt. It is not unusual for students to amass loans with payment that exceed their earning potential on jobs fresh out of college.
When bankruptcy appears to be the only option to receive student loan debt relief, many factors will come into question, with the debtor having to show that paying on the loans will present a severe hardship in their ability to supply basic needs if they are paying off the loans. Unfortunately, many students may have co-signers on their loans, or loans taken out by parents and when the student cannot afford to pay, the co-signer or parent is tapped for the money.
Although many loans do not require repayment to begin until after graduation, it may be in the student’s best financial interest to make any payments they can while still in school. This can reduce the total amount owed upon graduation and offer some student loan debt relief when the time comes to pay back the loan. Talking to the companies to whom the money is owed may also allow the student to defer some payment until they being making enough money to realistically make the payments.
May 10th, 2008 at 6:41 pm
As a college student myself, this is always on my mind. Great read.
May 12th, 2008 at 4:44 am
Good article. I know several people who have gotten into trouble over student loans and hurt their co-signer’s credit as a result. Starting to pay off a student loan while still enrolled in school is a great idea and would probably help many people from getting into a situation like that, since by the time they had to start making monthly payments, the payments would be considerably less and a higher % of the principal balance would be getting paid off each month.
May 24th, 2008 at 11:06 am
I am wondering to know all that. I haven’t found something regarding student loans which is called discharge. I have read that on a forum. As you have a lot of knowledge, will you tell me more about that?
June 26th, 2008 at 7:54 am
Yes people don’t realize since the bankruptcy laws were changed around a couple years ago, it’s no longer a fresh slate after bankruptcy, more rather bankruptcy just sets up a payment plan for many debts - such as the student loans you pointed out. We need to get the word out on this today especially with many undergrad students racking up 200k in debts by the time the graduate.
June 29th, 2008 at 8:10 am
Someone advised me not to spend the loan on daily livings and not even to have any credit cards because it is easy to spend and difficult to pay. I followed him and had no difficulties in any student loan of my life.