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Has anyone transferred their student loan debts to credit cards to file BK?

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    #16
    Originally posted by HHM View Post
    I still think chrsdfw, that you are still in a a deep gray area, if the creditors tried to collect, you would probably be forced to reopen your BK case and litigate it, and would probably lose.
    I agree with your analysis, i am not overly concerned since its been over two years, plus because you can't charge a car loan or student loan to a credit card, and only balance transfers qualified for the 0 for life offer, I took a cash advance on one card and had the money put in my checking account, then transferred the balance to the zero for life card. Unless you had access to my checking account, and both credit cards it would be pretty hard to show that it is an education loan refinance. Actually, about 40% of the money paid off a car loan, and 60% one of my student loans (just one of many)

    Technically, I suppose 40% could be shown to be an education refinance, but probably it would be hard to show.

    In any event, I would suggest people look into IBR and loan forgiveness, since it is usually a pretty good deal without all the machinations of trying to do something that may or may not work, and could land you in trouble

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      #17
      See, in that scenario, you are probably looking at fraud.

      In any event, since it has been 2 years, you are fine...but it is a very high risk maneuver.

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        #18
        Originally posted by HHM View Post
        See, in that scenario, you are probably looking at fraud.

        In any event, since it has been 2 years, you are fine...but it is a very high risk maneuver.
        The tranfers weren't to faciliate fraud, but rather th only way to get cash on the zero percent offer. Also, I made payment for quite some time, until I was in a car accident, which was unforseable. But in any case, fraud or not, it was used to refinance an educational loan, and could be non dischrgeable.

        There are better ways to deal with student lons and I suggest those, Income based repayment is quite powerful for even very large loans, and especiallygood is someone has low income, vrible incme from year t year, or periods of unemployment.

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          #19
          What you think and what a court "would" think are different things. But yes, your situation seems rather unique.

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