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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Hello, I am a unbelievably poor college student currently

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Hello,

I am a unbelievably poor college student currently on medical leave due to an anneurysm and a barrage of brain problems. luck me, i know :(

i lost all my savings due to this, and had lost my job prior due to the economy and county budget cuts

Anyway i pretty much have to get on disability or i'm not going to have food money much longer since i can't work, let alone drive or function normally.

so my question is, will filing for bankruptcy affect my filing for disability in the spring?

i owe some to my college since the incident happened during a semester. i owe my credit card. i probably still owe in hospital bills, i have a personal loan i need to payback, and i have maxed out in stafford loans.

all of this is just too stressful to the point my doctors are worried it's going to literally kill me in a few months. they believe the stress is what triggered the incident and made it worse.

how do i get out of all this debt in order to survive and get back on track?

Bankruptcy won't affect your disablity filing. From what you describe, you may even be a candidate to have your student loans discharged.

 

For a bankruptcy lawyer referral, see: www.martindale.com and http://www.abanet.org/legalservices/lris/directory/main.cfm?id=FL.

 

Hope this helps.

 

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Customer: replied 7 years ago.

ok that's good that the one won't mess up the other :)

 

Realistically speaking, what percentage of a chance do i have at getting all my debt dissolved including the federal loans? I definitely have the miedical documentation for it, but i don't know how long something like this is normally dragged out and what the success rate for launching this legal battle even is under best and worse case scenarios

 

1 last question, would a total bankruptcy go on my record as far as working for the federal government? or should i say, will i be penalized from working for a federal branch because i accidentally had to bankrupt on federal loans?

 

I'm 100% responsible and hate that it has came to this, i hate asking for help, but i really have a specific job in mind for the FWC and don't need more stress when i go for the interview, and they're like, sorry you jipped uncle sam and now you are on the black list!

 

obviously this is all assuming i magically make a full recovery and can graduate and be a productive member of society again :)

 

ok thanks for all this, i appreciate it

 

Wiping out school loans is difficult, but not impossible. You must satisfy what is known as the "Brunner" test, which requires:

 

“(1) that the debtor cannot maintain, based on current income and expenses, a
‘minimal’ standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.” Brunner v. New York State Higher Educ. Serv. Corp., 831 F.2d 395 (2d Cir. 1987).

 

Title 11 USC §525 prohibits discrimination in employment based solely on filing bankruptcy. So that should deal with your federal job concerns.

 

Bankruptcy is part of the U.S. Constitution, Article I, Section 8. It is nothing to be ashamed of, unless you think that Messeurs Jefferson, Madison, Hamiton, et. al., are shameful.

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