While in Chapter 13 do all new loans need to go through the court?
In a Chapter 13, you need approval from the court before incurring any new debt that is more than $250.
This is a VERY hard thing to get and rarely are student loans discharged. Additionally, student loans are not discharged in either a chapter 13 or chapter 7 bankruptcy proceeding. In the event that a student loan is discharged, the court requires a showing of extreme difficulty in paying the money back.
Nobody. You can only get a loan in c. 13 if it is approved by the trustee and the court. You will have to show why it is needed and how it will affect your plan. You may have to amend your plan. You have to present the trustee and the court with the proposed loan documents, which can be from any lender. Needless to say, these will be secured loans for the most part…
You may have the option of converting to a 7. Although the court could decide you are capable of paying back your debt via 13. You are in a better position of keeping a car and home in 13 than 7. Unless you cannot reaffirm the loans, and the lender is calling in the property. They would still have that option in a 7 also. You can file a Chapter 7 (or another 13) after…
IF his student loans accumulated before the marriage, no you will not have to pay for them. However, if it is something that he did while you were married the court may see it as him provding for the two of you and you may be responsible for a share. I would contact an attorney and discuss when the student loans came to be and what you can do to get out of paying.
Your student loans are listed under Chapter 13 discharge papers with the full amount owed then the amount paid to them by the Trustee Does this mean it is settled for that amount or they are still owe?
Almost all student loans are not dischargeable unless the bankruptcy court has held a hearing on dischargeability and determined there is a hardship. In most jurisdictions, a student loan is treated like any unsecured credit claim and paid at the same rate as other unsecured claims, but the balance, including accrued interest, must be paid. Unless the bankruptcy court has determined, after a hearing, that the loans need not be repaid due to hardship, the…
If a person files for personal bankrutsy they can try to include students loans. If the loans are from the federal government.....they are much more difficult to dimiss in bankruptsy court (most often they are not). Federal student loans will not be removed from your credit report (unless you were lucky and wiped them out in bankruptsy court) they will stay there until paid. The federal government will garnish wages, take your tax returns, freeze…
Can you file chapter 7 and not include your student loans in the bankruptcy since they are in deferment and also continue getting student loans while in college?
I believe that student loans are a category of debt that is not dischargable in bankruptcy. The bankruptcy will show up on any credit reports, and you may subsequently be unable to et additional loans. I filed for bankrupcy in 1998. I was able to obtain Student Loans despite the bankruptcy in 1999-2000. My past credit history was not considered when determining my student loan application.
If you have a wage garnishment against you, this probably means that the lender already sued you and has a judgment. Sometimes you can file a "claim of exemption" with the court and ask the judge to lower the amount of the garnishment if you are having trouble meeting your basic needs such as food, shelter and clothing. You can also negotiate directly with the creditor or creditor's attorney. Filing for Chapter 7 bankruptcy would…
Short term loan borrowing is when a borrower takes out a small loan over a short term period. Also referred to as small loans, short term personal loans, and payday loans, short term loans are intended to be used by borrowers who are in need of short term cash assistance while between paychecks. These types of loans are unsecured loans and require that borrowers pay additional fees and high interest rates. Short term loans can…
Can you keep your vehicles that are listed in a Chapter 13 bankruptcy if you choose to cancel the bankruptcy?
All federally backed student loans are, for practical purposes, NON-DISCHARGEABLE. I say practically because the only way it would be dischargeble is if there was no way you would be in a condition to pay the loan off. Court precedent basically allows discharge if, for example, you are paralyzed from the neck down, have MS, etc... (severe medical condition that incapacitates you)
Can you file Chapter 13 on a court order to pay a percentage of your child's medical bills after a divorce?
In short, No. Debts that do not get discharged in bankruptcy (Chapter 7, or 13) include; Alimony Child Support Criminal Restitution Student Loans Debts arising from fraud or theft The medical bill would most likely be characterized as part of the child support settlement and would not be subject to discharge.
Great Lakes keeps individuals up-to-date with information about their student loans. Great Lakes also monitors the location and enrollment status while individuals are in school. Great Lakes provides assistance to individuals paying back student loans. Payments can even be made through the website or by automatic withdrawal.
When you file chapter 7 bankruptcy and have a private student loan is it discharged with everything else?
Ideally, if one wants to be able to get future loans (including: personal, mortgage loans, auto loans, etc), yes, loans have to be repaid. One may not be arrested for not paying back loans, however, the lender may sue the individual (in civil court) to recover the loan plus any costs associated with the process.
I filed bankruptcy under Chapter 13. Student loans were discharged under hardship. Do I still have to pay them?
Chapter 13 is "reorganization" plan for payment. Student loans were within the plan for payment? or were they discharged within another bankruptcy? normally student loans are not dischargable, (11 U.S.C. sec. 523(a)(8) bankruptcy:) there are two exceptions: 1: loans are not from any governmental agency unit or non profit 2: paying the loan will impose an undue hardship to dependents.
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.
There is no aggregate number of refinance loans that require security. Many loans do require some form of security and those that don't generally have extremely high interest rates. One can find unsecured debt consolidation loans through payday loans or through some large national banks such as Wells Fargo and Citi.