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Strategic default planning-student loans?

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    Strategic default planning-student loans?

    Obviously I've read up a lot on this site about planning your default on credit cards and any other unsecured debt before filing, but what about student loans? My payment is not all that much ($125/mo) and its actually paid my employer. My wife's loans are killing us at $460/mo. I know that they can't be discharged, etc...that's not my question. I just want to know if we should stop paying on the student loans at the same time that we stop paying on our cards. We would keep current on our mortgage and our one car payment. If we have to keep paying on the student loans its doable but if not it would allow us to save up for an attorney that much faster.

    #2
    Can you put them into forbearance? They will automatically go into forbearance when you file but might as well do it early. That's what I did so I wouldn't have the late payments on file since they cant be discharged
    Jessica
    Filed Chapter 7 (Minnesota): 5/23/11
    Discharged 8/30/11, Not yet closed...

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      #3
      Originally posted by JessMN View Post
      Can you put them into forbearance? They will automatically go into forbearance when you file but might as well do it early. That's what I did so I wouldn't have the late payments on file since they cant be discharged
      Actually now that I think about it she will probably file for a deferment once she is laid off at the end of the school year anyway. There's really no incentive to stop paying mine since they're paid by my employer. It's not like I would get that $125 in my check if I had them stop payment.

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        #4
        sadly, one can never default on school loans. My older brother flat-lined for 3 minutes, survived, takes 16+ seizure disorder pills a day and school loans were able to garnish 25% of his ssd check monthly. He now has a medical deferment that his Dr. has to be bothered with filling out every 6 mos. put school tuition on a credit card if possible, that's what I did with my grad classes....just a thought..

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          #5
          Originally posted by bladerunner View Post
          sadly, one can never default on school loans. My older brother flat-lined for 3 minutes, survived, takes 16+ seizure disorder pills a day and school loans were able to garnish 25% of his ssd check monthly. He now has a medical deferment that his Dr. has to be bothered with filling out every 6 mos. put school tuition on a credit card if possible, that's what I did with my grad classes....just a thought..

          OMG.
          That is HORRIFYING.

          Keep On Smilin'

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            #6
            With the federal takeover of student loans last year, the future chances of getting them dischargeable essentially went to zero.

            I have heard - but cannot find specific case detail to back this up - that credit card companies take a very dim view of having tuition charged off in a BK. Not sure of the mechanism that they use, but I have heard that they have been very aggressive in pursuing those who charge tuition and then default in BK. I am sure that there is probably a statute of limitations or some other time-bound opportunity window here, but I am unsure of what it is.

            Anyone in the know on this?

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