The old saying "Nothing is certain but death and taxes" needs to be updated to add a third certainty--student loans. Carrying student loan debt can be a huge burden, especially in a down economy, with unemployment on the rise. Trying to get rid of student loans is nearly impossible, as student loans aren't dischargeable even in standard bankruptcies. There are some ways to get rid of student loans, though, or to lower the amount you pay.
Each borrower needs to assess his or her life to determine which of the above strategies works to get rid of student loans. All borrowers struggling to repay student loans should contact student loan servicers to negotiate forbearance or deferment, or to consolidate loans at a lower interest rate when possible. Working to get rid of student loan debt isn't easy, but it is worthwhile.
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MLB has been a freelance writer for more than 20 years, with articles in the Boston Globe Magazine, PC World, Brain,Child Magazine, newspapers in Ohio and Massachusetts, and on countless web sites. She teaches in the social sciences for a small college in the Northeast and publishes articles in social science reference books and databases for college libraries.
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Kelly Robbennolt states:
If you're having serious trouble paying back your debt, bankruptcy is not an easy out. In fact, bankruptcy should be considered an absolute last resort. And, after all your effort, student loans are not normally included in a bankruptcy filing.
Unless you can show that your education loan payment is an "undue hardship" on you, your family, and your dependents, your student loans are ineligible for cancellation (discharge) in bankruptcy.
It is difficult to prove "undue hardship" unless you are physically unable to work and there is no chance of your making money. To discharge your student loans under this special case, you must file a separate motion with the bankruptcy court and present your situation before a judge.
But I thought ...
Several laws were passed in the 1990s to protect taxpayers from the high number of student loans (estimated at one-fifth) in default or included in a bankruptcy.
Even today, with student loan bankruptcies greatly reduced, it's estimated that the average U.S. family pays about $400 per year in taxes toward bankruptcy court costs, regulations, and staffing.
No one benefits or profits when people default on their student loans or declare bankruptcy. Lenders lose money, and taxpayers lose money. Federal bankruptcy laws are there to protect you.
What about my other debt?
People who are unable to pay their debts may file for bankruptcy under Chapter 7 of the federal bankruptcy code. This allows the court to "erase" your bills and allows you to start over.
You aren't quite home free: Bankruptcy filings stay on your credit report for 10 years and will likely limit your ability to get a mortgage, borrow money, or get a job.
Kelly Robbennolt
kellyrobbennolt@gmail.com
801-787-6398
added 2 years ago
kellyrobbennolt
10 points