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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32810
Experience:  16 yrs. of trial experience
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is there any way to get the interest charges dropped from a ...

Resolved Question:

is there any way to get the interest charges dropped from a 20 year old student loan and just pay back the principle
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Can you tell me, are you in arrears (is it past due and to collections)?
Customer: replied 8 years ago.
Reply to Philip Simmons's Post: the actual loan balance is about 9,000 but they want 27,000 and it is being garnished from my wages
Expert:  P. Simmons replied 8 years ago.
Unless you can find a way to seek forgiveness (like seeking employment in public service) you are going to have to pay back the debt

Student loans are not dischargeable in bankruptcy unless you can show that your loan payment imposes an "undue hardship" on you, your family, and your dependents. Non-dischargeable debts are those debts that you cannot totally eliminate when you file for bankruptcy and will have to be paid by you.

It is almost impossible to show an undue hardship unless you are physically unable to work and the chances of your obtaining any type of gainful employment in the future are non-existent.

Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, privately funded student loans are treated the same way that loans funded and guaranteed by the federal government or nonprofit institutions. Prior to the new law, if you had a loan from a private-sector lender that was not guaranteed, it could be discharged under chapter 7. The new law gives these loans the same protection as the guaranteed loans.

Lenders know this and there is no incentive for them to reduce the amount...

Please let me know if you have questions else please hit the green button, its the only way i get paid
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