Chapter 7 Undue Hardship and Student Loans
Discharging a student loan requires showing undue hardship. The timing of your Chapter 7 filing can determine whether you succeed in this.
Bankruptcy Timing to Discharge Student Loans
Discharging, permanently writing off, student loans can be difficult. You may be able to make it easier to do with good bankruptcy timing.
Timing Bankruptcy To Include All Debts
Bankruptcy includes all debts you owe at the moment of filing your case, not future debts. So how do you know when to file your case?
More Actions to Take When Considering Bankruptcy
If you're considering filing bankruptcy, what debts can you incur and which should you avoid? What are the possible consequences?
Bankruptcy Helps You Afford Your Mortgage
Bankruptcy frees up cash flow so you can afford your mortgage payments. Chapter 7 does so by writing off other debts. Chapter 13 does so more creatively.
Bankruptcy Writes Off Vehicle Accident Claims, Unless Intoxicated
Bankruptcy writes off claims against you from a vehicle accident for personal injuries and property damage, IF you weren't intoxicated.
Bankruptcy will not Write Off Child or Spousal Support Debts
Child support and spousal support debts cannot get written off in bankruptcy. But is your specific divorce debt legally considered support?
Bankruptcy, Criminal Fines and Restitution
Bankruptcy does not write off criminal fines or restitution. But it can help by writing off other debts so you can pay crucial expenses.
Non-Dischargeable Debts in Bankruptcy
Most debts get written off--discharged--in bankruptcy. The only ones that aren't are specifically listed in the Bankruptcy Code.
Discharging a Student Loan in Bankruptcy
Writing off a student loan in bankruptcy requires showing "undue hardship." What is that?
Stop Student Loan Collections to Discharge or Deal with the Loan
Filing Chapter 7 stops a student loan garnishment and other collection activities. Then use "undue hardship' or focus on the student loan.
Get a New Financial Start with this New Year
Get a new financial start for 2018. Stop creditor pressures immediately, write off all or most debts, and responsibly deal with the rest.
Debts Voluntarily Paid in Chapter 7
Chapter 7 is usually much better if one of your high priorities is to favor a debt by paying it. You can do so more easily and flexibly.
“General Unsecured Debts” in Chapter 7
In a Chapter 7 case all or most "general unsecured debts" get "discharged"--legally written off. That's one of the big benefits of Chapter 7.
Timing: Writing Off Recent Credit Card Debt
Using a credit card shortly before filing bankruptcy doesn't seem right. The law agrees. Writing off this kind of debt can be a problem.
