Tuesday, 04 August 2015 00:00

Chapter 13 - Student Loan Debt

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If you are in debt up to your eyeballs, you look to the bankruptcy laws to assist you in digging out from underneath the weight of debt and begin over.

That, after all, is what the law's designed to accomplish – provide you with another possibility to place yourself in a better financial place.

But if your debts include student loans, you quickly find that the bankruptcy laws won't assist unless you hop through hoop after hoop and show that your present financial situation is not merely bad, but additionally long-lasting. That's why lots of people with student loan issues don't give consideration to bankruptcy as a tool to assist them get ahead.

As an article within the Pittsburgh Post-Gazette shows, bankruptcy is proving to be an option for some individuals who are struggling because of their personal student loan debts.

The article revolves around David King and Julie West, two Pittsburgh location people with personal student loans and using bankruptcy as a method to keep them under control.

Student loan borrowers have actually numerous ways to manage their private student loans once they fall behind payments. But for all those with regular income and a method to pay a section of their debt each month, the bankruptcy procedure allows them to reorganize their finances while making repayments based on the amount of cash remaining each month.

These bankruptcy instances, known as Chapter 13 bankruptcies, allow people to create repayments and prevent collection actions against them while doing so.

The issue of the Rising Balance

Going into Chapter 13 bankruptcy, however, isn't an ideal solution.

Though collection efforts must stop and student loan lenders are needed to accept payments, interest goes on to build up on the unpaid balance. When the payment plan is over – it's capped by law at five years – that interest is tacked onto the balance.

For people spending less compared to interest through their Chapter 13, that means the balance will be higher after bankruptcy than it had been prior to the situation started.

Protect Guarantors and Cosigners

On the other hand, Chapter 13 can help student loan borrowers who can't remain present on their loan and need to protect guarantors and cosigners.

In spite of the point that interest goes on to construct up, the automatic stay conditions of the bankruptcy law prevent collectors from harassing, suing and getting judgments against the individuals who have put their name and credit on the line for a borrower's loan.

For a lot of borrowers, this may be reason enough to consider Chapter 13.

Put Their Feet to the Fire

One unsung advantage of Chapter 13 bankruptcy comes within the kind of the Proof of Claim – the document that a creditor requires to register to be able to get paid through the bankruptcy plan. That document needs to offer detailed information about the balance because of, the owner of the debt, and a host of other things.

If it's incomplete or wrong, you might have a method to obtain the financial obligation reduced or also kicked away totally.

Failing to review the Proof of Claim filed by your personal pupil loan company may damage you not just inside your bankruptcy situation, but even after it's over because you'll be prevented from disputing the balance because of as well as the ownership of the loan if the lender sues you in state court after bankruptcy.

In other terms, bankruptcy is a good destination to force the pupil loan company to prove up every solitary aspect of their claim.

A Great Option For Some, But Not For All

Filing for bankruptcy could be a great choice that will help you buy time on your student loan payments. But before you make that option, you require to understand what it means for you along with your family members in the long run.

Keep it in your pocket, but remember that your best option is a specific one that takes into account your circumstance since well as you goals.

Read 2852 times Last modified on Thursday, 28 July 2016 21:42
D.J. Rausa

With over 21 years of experience as a consumer bankruptcy attorney, D.J. Rausa stays on the cutting edge of Bankruptcy and Student Loan Law which enables him to provide vital information to his clients.

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Thank you DJ!

I had no idea where to start with my bankruptcy and process. After my first meeting with DJ I felt confident that things were going to go well. He helped guide me through the entire process and time. 

He's very professional and courteous, thorough and extremely knowledgeable. 

I would recommend anyone that needs a bankruptcy lawyer/ student loans. 

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D.J. Rausa interviewed by the Wall Street Journal for article on Bankruptcy and Student Loan Debt.

D.J. Rausa is recognized as a legal expert in Student Loan Debt Resolution and the associated Bankruptcy Laws.

Read what D.J. recently told The Wall Street Journal regarding the probable rise in Student Loan Debt Resolution through Bankruptcy.

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To whom it may concern,
Mr. Rausa is extremely knowledgeable with the complexities of Federal Student Loans.
I went from a thriving career to full medical disability, ending with an SSDI placement. Unfortunately, I lost everything and became unable to continue making the student loan payments, so it was in deferment for over five years. When the SSDI settled I tried to negotiate an affordable payment plan with the loan holders but they refused my efforts, instead demanding over twice the amount I could afford.
I contacted Mr. Rausa and found him to be courteous, responsive and quick to assess my situation. He was sure he could help and took time to answer all questions, which relieved much anxiety. Within months he successfully resolved the debt! With much confidence, I highly recommend Mr. Rausa.
Please contact me if you have any additional questions.
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