Filing Chapter 7,13 Bankruptcy

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Student loan Hardship Discharge Bankruptcy Chapter 7 13 Clarksville Indiana

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Student loans can be bankrupted in a Chapter 7 or Chapter 13 if you qualify but it is very difficult.  There is an argument that private loans that are not tax deductible are fully bankruptable. 

Student loans can only be discharged in bankruptcy if you prove that repaying the loan is a hardship to you or your family. In most jurisdictions there is a 3 factor Brunner Bankruptcy test to see if you can obtain the hardship discharge to bankrupt student loans. Here are the  questions and the  documents that you may be asked to provide if you want to attempt a hardship discharge. You must have exhausted all of your options. This includes applying for a income contingent loan with the Ford loan program.  

The Brunner bankruptcy test requires that first, the student loan Debtor cannot maintain, based on current income and expenses, a "minimal" standard of income for himself and his dependants if he repays the student loans. Second, that these circumstances will persist for a significant remainder of the student loan repayment period. And third, that the debtor has made a good faith effort to repay the student loans.

It will often be argued that you could have consolidated you loan with the Ford Student Loan Program which bases your payments on your income and discharges your student loan upon reaching age 60 or after 20 years. You must apply for this loan prior to attempting a hardship discharge. HEAL student loans require a more difficult standard of shocking the consciousness". 

Your Bankruptcy Attorney isnt far from Clarksville Indiana

 

 

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Nick C. Thompson

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Louisville, KY 40223 

1-502-625-0905

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