Student Loans and Chapter 13 Timing

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nervous student

Photo by Tim Gouw on Unsplash. Chapter 13 gives you significant timing advantages better enabling you to demonstrate the required undue hardship to write off student loans. We’re in a series on the best timing for filing your bankruptcy case. Two weeks ago we introduced the special condition you have to meet to discharge (write off) student loans: undue hardship. … Read More

Student Loans and Chapter 7 Timing

Wasson and ThornhillStudent Loans

student

Photo by JESHOOTS.COM on Unsplash. You have to demonstrate undue hardship to write off a student loan. That often requires strategic filing of your Chapter 7 case. We’re in a series on the smart timing of your bankruptcy case. Last week we introduced the special condition you must meet to discharge (write off) student loans: “undue hardship.” Bankruptcy discharges other … Read More

Discharging Student Loans Causing Undue Hardship

Wasson and ThornhillStudent Loans

student studying

Photo by Green Chameleon on Unsplash. Discharging—permanently writing off—student loans requires showing undue hardship. Smart bankruptcy timing can make this easier to do. Discharging Student Loans in Bankruptcy It takes certain circumstances to be able to discharge student loans. Those circumstances can involve the right timing of your bankruptcy case. Bankruptcy discharges most debts. But it “does not discharge” you … Read More

Student Loan Payments Suspended

Wasson and ThornhillStudent Loans

The new COVID-19 law temporarily suspends most, but not all, federal student loan monthly payments, accruing interest, and debt collections.      The 880-page Coronavirus Aid, Relief, and Economic Security Act (“CARES”) has 4 pages of help for certain student loan borrowers. Section 3513 of CARES. It provides meaningful albeit temporary help, for those who qualify by having the right kind … Read More

Student Loans that Cause Undue Hardship Can Be Discharged

Wasson and ThornhillStudent Loans

Bankruptcy does discharge a student loan, but only if it meets a tough legal standard called undue hardship. Here’s what you need to prove.   Criminal fines and restitution and child and spousal support are types of debts that bankruptcy essentially never discharges. Income taxes can be discharged but only after meeting certain conditions. We’ve covered these in our last … Read More

Unexpected Benefit: Use Chapter 13 to Permanently Stop Student Loan Collection

Wasson and ThornhillStudent Loans

Chapter 13 bankruptcy can help you permanently stop student loan collection. It gives you more time and flexibility to show “undue hardship.”   The Much Better Chapter 13 “Automatic Stay”   Last time we explained how bankruptcy’s “automatic stay” immediately stops student loan collections against you. But if you file a Chapter 7 bankruptcy this protection from collections lasts only the … Read More

Unexpected Benefit: Use Chapter 7 to Permanently Stop Student Loan Collections

Wasson and ThornhillStudent Loans

Chapter 7 bankruptcy can temporarily stop student loan collections. Here are several ways it can stop these collections permanently.   Bankruptcy gives you tools to deal with special debts—including those you can’t easily write off. Last week we got into income taxes. Today we discuss student loans, focusing on this special kind of debt in Chapter 7 “straight bankruptcy.” Next … Read More

Stop Student Loan Collections to Have Time to Deal with It

Wasson and ThornhillStudent Loans

Chapter 7 will stop student loan collections. Then either write off the student loans through “undue hardship” or have time to deal with it.   Our last blog post was about a Chapter 7 bankruptcy stopping a tax garnishment only temporarily. In that situation this was OK because it gave time to set up a payment program with the IRS/state. … Read More