DebtDoc Bankruptcy News Blog

Tuesday, 04 August 2015 00:00

Chapter 13 - Student Loan Debt

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 6864 times Last modified on Monday, 08 April 2019 19:23
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To whom it may concern,
DebtDoc's attorneys are 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.
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Clients with Student Loan Debt

Clients with Student Loans

Some information I need to evaluate your Student Loan options is contained in your National Student Loan Data System Report. Instructions for obtaining this report are available on my web site at sandiegostudentloanlawyer.com/nslds-report. Simply print/save the reports as a PDF, of all pages. Please DO NOT "DOWNLOAD" THE REPORT from the link - this creates a text file that is very difficult to read; please print the web page as a PDF file - the summary page of all loans AND the individual reports for each loan. Samples of these pages can be viewed by clicking the respective links in the previous sentence. I look forward to reviewing this report with you and assisting you with the management of your Student Loan debt.

I have prepared a brief questionnaire for you to fill out to provide me most of the information I will need. Please click this questionnaire link and provide me with the information listed. I would also like to see copies of your most recent pay stubs or other income information.

My office is located at 2727 Camino Del Rio South, Suite 135-C, San Diego, CA 92108. The main entrance to the building is on the right/west side. I am on the first floor; when you enter the building, turn right and I’m in the suite at the second door on the left. If the suite door is locked, please call or text at 619-678-1134 and I will let you in. (Unfortunately, I usually can’t hear a knock at that door.) I look forward to meeting with you and assisting you on your path back to financial freedom.