http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/ Real Lawyers, Real Solutions Tue, 10 Nov 2009 16:34:06 -0700 http://wordpress.org/?v=2.8.6 hourly 1 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/comment-page-1/#comment-17764 In Missouri, Can I Discharge My Student Loans? at Bankruptcy Law Network - Real Lawyers, Real Solutions Fri, 17 Aug 2007 20:14:11 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/#comment-17764 [...] In order to discharge the typical student loan, a debtor has to prove repayment would be an “undue hardship.” But what you think is a real hardship and what a judge thinks is “undue” will probably be two separate things. [...] [...] In order to discharge the typical student loan, a debtor has to prove repayment would be an “undue hardship.” But what you think is a real hardship and what a judge thinks is “undue” will probably be two separate things. [...]

]]> http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/comment-page-1/#comment-6475 If I Live In California, Can I Discharge A Student Loan In Bankruptcy? at Bankruptcy Law Network - Real Lawyers, Real Solutions Thu, 28 Jun 2007 21:26:05 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/#comment-6475 [...] Andy Miofsky wrote an excellent comment about student loans in Illinois and what “undue burden” means.  As Andy noted, Illinois, like most of the country, including California, follows the leading case of Bruner v. Higher Education Services, Corp., 831 F.2d 395 (2nd Cir. 1987).  This case sets out three conditions to prove hardship and it’s not enough to simply prove permanent disability or that you can never work again.  You must also show that you attempted to pay back the loans. [...] [...] Andy Miofsky wrote an excellent comment about student loans in Illinois and what “undue burden” means.  As Andy noted, Illinois, like most of the country, including California, follows the leading case of Bruner v. Higher Education Services, Corp., 831 F.2d 395 (2nd Cir. 1987).  This case sets out three conditions to prove hardship and it’s not enough to simply prove permanent disability or that you can never work again.  You must also show that you attempted to pay back the loans. [...]

]]> http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/comment-page-1/#comment-1947 Will I Lose My Student Loans if I File for Bankruptcy? at Bankruptcy Law Network - Real Lawyers, Real Solutions Sat, 12 May 2007 00:18:47 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/#comment-1947 [...] I’ve had many clients who took out student loans out during and after filing for bankruptcy relief, and they didn’t run into any problems. The question of whether you can discharge your student loan in bankruptcy is another story. [...] [...] I’ve had many clients who took out student loans out during and after filing for bankruptcy relief, and they didn’t run into any problems. The question of whether you can discharge your student loan in bankruptcy is another story. [...]

]]> http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/comment-page-1/#comment-1408 New limits for Chapter 13 qualifications. at Bankruptcy Law Network - Real Lawyers, Real Solutions Sun, 22 Apr 2007 17:50:22 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/#comment-1408 [...] See also Cahty Moran’s post Do I qualify for a Chapter 13? See also Andy Miofsky’s post Can I discharge my student loans? [...] [...] See also Cahty Moran’s post Do I qualify for a Chapter 13? See also Andy Miofsky’s post Can I discharge my student loans? [...]

]]> http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/comment-page-1/#comment-1322 Why Are Student Loans So Difficult to Discharge in Bankruptcy? at Bankruptcy Law Network - Real Lawyers, Real Solutions Thu, 12 Apr 2007 12:52:46 +0000 http://www.bankruptcylawnetwork.com/2007/02/20/question-can-i-discharge-my-student-loan/#comment-1322 [...] In bankruptcy, discharging a student loan is extremely difficult, as pointed out in Andy Miofsky’s article.  Given all the protections afforded to lenders who turn educators into pimps, it makes no sense why discharge should be so difficult.  As usual, the burden falls back on the middle class, who are too poor to pay for college but too rich for financial aid. [...] [...] In bankruptcy, discharging a student loan is extremely difficult, as pointed out in Andy Miofsky’s article.  Given all the protections afforded to lenders who turn educators into pimps, it makes no sense why discharge should be so difficult.  As usual, the burden falls back on the middle class, who are too poor to pay for college but too rich for financial aid. [...]

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