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Does anyone know how to request discharge of student loans?

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    Does anyone know how to request discharge of student loans?

    How do you do a formal request to the judge to discharge your loans for hardship? Anyone have any experience or knowledge on how to do this.

    Bankruptcy
    Effective October 8, 1998, your obligation to repay Title IV, HEA student loan and grant liabilities can no longer be canceled (discharged) due to bankruptcy, unless you can successfully prove that repayment of the debt would cause "undue hardship" as defined by case law in your jurisdiction. Previously, student loan and grant liabilities could only be canceled (discharged) due to bankruptcy under certain conditions which, in general, depended on the amount of time between the date on which a loan or grant liability was due or the date that the bankruptcy was filed, as well as undue hardship.

    Effective May 28, 1991 and prior to October 8, 1998, a loan or grant liability was discharged by entry of a general discharge order if the first payment came due on the debt at least 7 years before the bankruptcy was filed. Prior to 1991 amendments, only five years was required. Any grace periods, forbearance, or deferment must be subtracted from the time elapsed between the first payment due date and the filing date when calculating time in repayment. Debts outstanding for less than the required seven year period could be discharged only if the court made an express finding that the repayment of the debt would place an "undue hardship" on the borrower. These non-dischargeability requirements apply to educational loans received by both student borrowers and by parent borrowers, and apply to loans received by any kind of borrower to pay off prior loans (Consolidation Loans). Dischargeability of these types of debts is governed by 11 U.S.C. 523 (a)(8). In order to determine the dischargeability of a loan, the servicing agency needs the following three pieces of information from you or your attorney:

    Notice of First Meeting of Creditors;
    List of Creditors (Schedule A-3); and
    the Final Discharge Order
    Bankruptcy Timeline
    1st BKCH7 Filed w/Waiver 11/2/09, 341 12/3/09, Dismissed 12/21/09 (Schedules lost by clerk)
    2nd BKCH7 Filed w/Waiver - 12/22/09, 341 2/26/10,

    #2
    You have to file an AP as part of your bankruptcy. It is a separate trial and goes before the bankruptcy judge, not your trustee. You will have to pay a lawyer separately for the AP trial.

    It is VERY rare to be able to prove hardship in regards to student loans. Even people on SSI for life, with no money and personal illnesses, handicaps, etc. have not been able to prove hardship. If it is determined that you will be able to pay anything at anytime in the next 30 years, you will most likely not get a discharge. Discharges are very very rare.
    You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

    Comment


      #3
      Originally posted by backtoschool View Post
      It is VERY rare to be able to prove hardship in regards to student loans. Even people on SSI for life, with no money and personal illnesses, handicaps, etc. have not been able to prove hardship. If it is determined that you will be able to pay anything at anytime in the next 30 years, you will most likely not get a discharge. Discharges are very very rare.

      I hope my wife is one of those rare exceptions.
      Heck, Direct Loans volunteered to send her the paperwork to get the ball rolling on it when she finally answered one of their calls after not making a payment for 4 months.
      She got approved for SSI on the first try.
      She has 3 different doctors who will not release her for work for 3 different medical conditions. All of which are chronic and will be for the rest of her life.
      She only owes $7000. So hopefully they will just give her a discharge and be done with it.
      7/01/10 - filed!
      11/20/10 - discharged and closed

      Comment

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