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What happens to federal student loans during chapter 13 bankruptcy?
Wiki User
∙ 14y ago
The answer differs from one bankruptcy jurisdiction to another, so discuss it with your bankruptcy attorney.
In general, student loans are unsecured loans and have to be treated as all unsecured creditors in a plan. The student loan lender cannot use its collection/garnishment powers until the case is over.
That means you may be paying the student loan lender nothing or up to full payment over the life of the plan. Few people can pay student loans off completely in 5 years or less, so interest will accumulate. When the plan ends, you will owe a lot more.
In some jurisdictions, it is possible to place student loans in a separate class and treat them differently in a plan, or pay them outside the plan as a monthly expense in Schedule J.
Wiki User
∙ 14y ago
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How can you get your student loan to not be shown as included in bankruptcy since you are paying on it?
You must list all debt owed in a bankruptcy. In a Chapter 7 Bankruptcy federal student loans are listed on Schedule F as a unsecured non-priority debt with an indication that they are student loans. Please note that nothing in this posting or in any other posting constitutes legal advice.
What happens with your student loan if both you and your cosigner have bad credit?
If you are getting a Federal Student Loan credit is not an issues. I just got a Federal Student loan and my credit is BAD!!! The thing is, is that it's a Federal Loan so you will always owe that money, even if you claim chapter 7 or 13. I was worried about that too, but I got one just fine.
What will happen with your federal student loan eligibility if you file for bankruptcy while attending school?
Bankruptcy will not get U off the hook for the federal student loan. They used to have a hardship deferral, but I do not know for how long it lasts, or if that still hold true. Check the financial aid office for the latest laws and regulations.
Your student loans are in default your attorney says if you file bankruptcy you will still receive your federal income taxes is this true?
While in general you should always follow your attorney's advice, you may wish a second opinion from another attorney this time. A bankruptcy does not get you out of student loans. If you were going to lose your income tax refund to the student loan people, then even after bankruptcy you still will.
What happens to a person who does not repay student loans?
Federal student loans have no statute of limitation, meaning they can collect forever. The can garnish your wages without taking you to court, take your tax refund, and sue you in court for property and bank accounts. Student loans are also almost impossible to discharge in bankruptcy. There are people now who did not repay their student loans from the 1970s who are having their social security garnished. Not paying is a very bad idea.
Can you file bankruptcy for your student loans and keep your house out of it?
If the student loan is a federal loan and not a private loan then the answer is no. Federal student loans can not be included in bankruptcy, you will always be responsible for repayment of FEDERAL student loans.
Do student loans automatically come with filing bankruptcy?
Federal Student loans cannot be discharged in bankruptcy. You must repay them.
What is meant by student loan bankruptcy?
Student loan bankruptcy happens when a student has not been a student for the last 7 years and declares bankruptcy. For more information please contact a student loan office.
How can you get your student loan to not be shown as included in bankruptcy since you are paying on it?
You must list all debt owed in a bankruptcy. In a Chapter 7 Bankruptcy federal student loans are listed on Schedule F as a unsecured non-priority debt with an indication that they are student loans. Please note that nothing in this posting or in any other posting constitutes legal advice.
How hard is it to claim student loans on a chapter 7 bankruptcy?
I have been through Chapter 7 twice and both times was unable to claim my Student Loan.
Can my wages be garnished by the student loans while i am in a chapter 13 bankruptcy?
If your bankruptcy is currently active, collection efforts on the student loan will cease until the bankruptcy inactive at which point collection activities will start again.
Student loan co signers I filled chapter 7 bankruptcy in Michigan can my name be removed from the sallie Mae student loan that I co signed with my son under Michigan bankrutcy law?
Most student loans are not dischargeable under any chapter of Bankruptcy in Michigan.
Can you file a student loan in chapter 13 bankruptcy?
Gov't insured or Guaranteed loans are not dischargable.
What happens if a creditor is disputing a debt to be included in a chapter 13 is filed?
contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.
You are 36 and have just completed a chapter 7 bankruptcy are you eligible for student financial aid in form of grants and loans?
Neither your age nor your recent bk would disqualify you from federal financial aid.
I have a loan from sallie Mae supposedly for school which only took a month and they gave me acertificate can this be discharge in chapter 7?
Unfortunately no. All student loans, whether private or Federal are not elligible for discharge in bankruptcy.
If you file chapter 7 bankruptcy does that eliminate paying back the parent plus college loan?
Student loans are exempt from bankruptcy as are IRS debts
