Student Loans

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One of questions I get the most is what will happen to my student loans in bankruptcy. In fact, I get this from professionals, students, and lots of other interested people. The basic premise of student loans is that they are not discharged or released under a bankruptcy or a proposal, unless it has been more then 7 years at the time of filing, from the date of the last time you were in school (graduation, end of classes, etc.). If it is less then 7 years but more then 5, we can apply to the Court to release the debts as part of the proposal or bankruptcy.

The factors involved range from whether it was a private or public loan, to what the circumstances surrounding the loan are, and what your own personal circumstances are.

It’s important to talk to a lawyer about this, as often times people in the industry don’t always understand what is released and what is not. If you are unsure, or you have any student loan debt, please feel free to call me. I’m happy to discuss the case with you, and let you know if it is worth pursuing.

 

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