Student Loans

07 Mar Student Loan “Undue Hardship” Must Exist at Time of Filing Bankruptcy Case

A recent California bankruptcy court decision addressed the question of when the circumstances creating "undue hardship" must arise to be condidered relevant in determining the dischargeability of student loans. This case, In re Zygarewicz, 2010 WL 710661 (Bky.E.D.Cal. Jan. 15, 2010), held that post-bankruptcy circumstances...

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28 Jan Student Loans: Here’s the Best Way to Pay Them in a Chapter 13 Plan

Student loans, unlike most other unsecured debts, are not discharged after the completion of payments under a chapter 13 plan (unless you qualify for ararefinding of undue hardship). This unhappy fact makes careful drafting of the student loan debtor's chapter 13 repayment plan especially important....

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27 Jan Can I Deduct My Student Loan Payment As An Expense On My Bankruptcy Petition?

You may be able todeduct your student loan payment as an expense on your bankruptcy petition if you file Chapter 7, but usually cannotif you file Chapter 13. As you probably know,student loan debts are usually not dischargeable in bankruptcy. That means that if you file...

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21 Dec The Worst Debt You Can Have: Student Loans (Part One)

I'll bet that if you asked the average person what debt is the worst kind of debt, he'd say taxes. But owing student loans is, ironically, far worse than owing Uncle Sam. During my next few posts, I'll examine exactly what a student loan is, a bit of history of how the Bankruptcy Code has dealt with student loans over the last few decades, current bankruptcy rules regarding discharging student loans, and various approaches to dealing with student loans. Why should you care? Because student loans are one type of debt that is non-dischargeable in bankruptcywell, almost non-dischargeable. To begin, let's look at what a student loan is and what it's not. Section 523(a)(8) contains the so-called student loan exception to discharge. The exception applies to:
  • an educational benefit, overpayment or loan, made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or a nonprofit institution; or
  • for an obligation to repay funds received as an educational benefit, scholarship or stipend; or
  • any other education loan that is a qualified education loan, as defined in section 221(d)(1) of the federal tax code.
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