Saturday, September 27, 2008

Bankruptcy Student Loan

Bankruptcy student loans occur when people attempt to get out of repaying the money borrowed to pay for college. It is serious business, because thousands of dollars are loaned to students for their education. Those who think they can get out of paying them back will find that it is close to impossible. Bankruptcy in general has been affected by changes in the code in that a person can no longer discharge their student debt obligations. For the person who has a bankruptcy student loan, the best they can hope for is that the discharge of the other debts will make it easier to repay their education debt.

Student loans are contracts like any other debt a person would take on. However, whereas most debts can be discharged when someone files Chapter 11, bankruptcy student loans do not fall into that category. They can only be discharged if the debtor can prove that repayment will create an undue hardship, meaning that the debtor cannot maintain a minimum adequate standard of living and repay the loan. Bankruptcy student loans can cost a bundle of money far in excess of the original amount borrowed. People who default, can find themselves being charged collection fees and commission fees that the collection agencies charge the Department of Education and that are, in turn, passed on to the debtor.

Further action can be taken for those who try to get out of repaying their educational debt. With a bankruptcy student loan, a person's wages can be garnished. In addition, the lender has the right to intercept Federal Tax Refunds and apply them to the debt. On the other hand, there are only a couple of ways to get around repaying educational debt. Other than proving that repayment would cause undue hardship, someone may be able to prove that they dropped out of school and that the school owes them a refund. A person also may be exempt from repayment if they become totally and permanently disabled.

Because repaying school loans can be difficult, people should consider carefully whether to borrow money for school, and if so, how much money they realistically need to borrow. There are other options that students can consider such as applying for scholarships or working part-time in order to pay for school, or at least to cut down the amount of money needed to borrow. Furthermore, before a person thinks of bankruptcy student loans, they need to consider the excess fees that will be charged, as well as the blemishes that will remain on their credit for up to ten years. Bankruptcy student loan is an option that should be avoided at all costs if possible. Romans 13:8 says to "owe no man any thing." Therefore, a Christian should seek to repay any money borrowed, in a timely fashion.


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