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Not typically. You can attempt to include them, but student loans became non-dischargeable in 1998, regardless of the age of the loan. At the moment, the only way to even approach discharge, is to prove that repayment of the loans would cause an undue hardship on you and your family. This generally means that you and your family cannot maintain a minimally adequate standard of living AND repay the loan. Often, this requires proving that the conditions that make repayment a "hardship" are unlikely to improve over time. Check with your lawyer -- they'll be able to assist more.
What else can I help you with?
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.
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.
Can you obtain a student loan with the exception of the federal loan after filing chapter 13 bankruptcy?
Yes, it is possible to obtain a student loan after filing for Chapter 13 bankruptcy, but it may be more challenging. Private lenders often consider your credit history, which may be affected by the bankruptcy. Additionally, while federal student loans typically do not require a credit check, private loans may. It's advisable to check with various lenders for their specific policies regarding borrowers with a bankruptcy history.
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 is the maximum amount of loans that can be filed on a chapter seven bankruptcy?
While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the debtor to another entity in a willful or mailicious manner. More information on Chapter 7 Bankruptcy rules and regulations is available at http://www.uscourts.gov.
While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
Can i file for bankrupsy while i still have studrnt loans to pay?
Yes, but in the United States, student loan debt cannot be discharged in bankruptcy. You will still owe the money, and the interest.
Can an individual establish a corporation while on chapter thirteen bankruptcy?
Yes, a person can start a business or corporation while in the midst of a Chapter 13 bankruptcy case. If you are looking for start-up funding, you will have to ask the bankruptcy court for permission.
Can you refinance during chapter 13?
While participating in a Chapter 13 bankruptcy, no major financial transactions are allowed w/o the permisson of the bankruptcy trustee.
What are the key differences between Chapter 7 and Chapter 13 bankruptcies, particularly in relation to Chapter 8 bankruptcies?
Chapter 7 bankruptcy involves liquidating assets to pay off debts, while Chapter 13 bankruptcy involves creating a repayment plan to pay off debts over time. Chapter 8 bankruptcy does not exist in the U.S. bankruptcy code.
How do you buy a house while in a chapter 13 bankruptcy?
The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.
What is chapter 13 bankrupt?
There is a big difference between chapter 7 and chapter 13 bankruptcy. Generally speaking, chapter 13 bankruptcy is a type of Reorganization bankruptcy. It filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
