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we took student loans out for my daughter and myself when the

 
 
 

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we took student loans out for my daughter and myself when the econamy was good and we had jobs . now my husband last aug. 2008 lost his job , had 4 bypasses , lost my car !!! we would gladly pay these student loans if we could ! they call all day and are very rude . one man said i should die and pay them with insurence policy!!! im 62 yrs old , there are no jobs to be had here in lee mass . im told we cant file bankrubcy on these loans . can they put us in jail ? im scared please help !! thank you theresa speth

Submitted: 978 days and 13 hours ago.
Category: Legal
Status: CLOSED
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Dear Theresa: While you can bankrupt student loans if you can show undue hardship will result from non-discharge. Have your lawyer review the Brunner case ( Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987). He can also check to see if their collection calls violates the federal Fair Debt Collection Practices Act (FDCPA). Regardless of discharge though, no one can put you in jail for not paying those loans, so relax. Just do the best you can. Good luck.

 

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Expert: IrwinLaw
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Answered: 9/18/2009

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Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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