Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

I am looking at having a private student loan discharded. I

Customer Question
can not afford my child...
I am looking at having a private student loan discharded. I can not afford my child support payment and the student loan. I have made many attempts to work a payment program out with the loaner but have met with conciderable resistance. Can you be of assistance?
Submitted: 7 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 4 hours by:
6/8/2010
Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 7 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,272
Experience: B.A.; M.B.A.; J.D.
Verified

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

am looking at having a private student loan discharded. I can not afford my child support payment and the student loan. I have made many attempts to work a payment program out with the loaner but have met with conciderable resistance. Can you be of assistance?

Response: Unfortunately, No. Chances of you getting the private student loans discharged are little to zero. Even in bankruptcy, you cannot get the student loans discharged unless you can prove an undue hardship, which generally means that you have to be totally disabled or a close family member that you are assisting is totally disabled which prevents you from getting employment. Even at that, you must file a different complaint (adversary proceeding which is similar to a regular trial) with the Bankruptcy Court in addition to your regular bankruptcy petition in order to ask the Court to order that the debt is dischargeable. This hearing is conducted like a regular trial with motions, discovery requests, etc.

Being unable to afford your child support payment and the student loan unfortunately is not a good enough reason for the discharge of your student loans.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,272
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago

Being unable to afford your child support payment and the student loan unfortunately is not a good enough reason for the discharge of your student loans.

I simply do not make enough money to pay both. So what options do I have. Sallie Mae refuses to make any kind of payment options with me and child services has given in as much as they are going to. I have read of payment options for student loans but Sallie Mae says I do not qualify. So how do I prevent this situation from getting worse?

Bankruptcy Lawyer: Phillips Esq., Attorney-at-Law replied 7 years ago

Being unable to afford your child support payment and the student loan unfortunately is not a good enough reason for the discharge of your student loans.

I simply do not make enough money to pay both. So what options do I have. Sallie Mae refuses to make any kind of payment options with me and child services has given in as much as they are going to. I have read of payment options for student loans but Sallie Mae says I do not qualify. So how do I prevent this situation from getting worse?

Response: Since this is a private loan, your options here are very limited. If Sallie Mae is not cooperating, you need to contact your US House of Representative and report the action of Sallie Mae.

If your loan is subsidized and unsubsidized Stafford loan, you can consolidate the loan through US Department of Education Ford Program. You can consolidate even if you are behind on your payments. This program sets up payments based on your adjusted gross income and depending on your situation you may wind up not making any payments at all.

Click here to access the Ford Program to see if you qualify:

http://www.loanconsolidation.ed.gov/

Ask Your Own Bankruptcy Law Question
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 20,272
20,272 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Can a creditor in a California bankruptcy proceeding who has
Can a creditor in a California bankruptcy proceeding who has entered into a post petition contract with the trustee in a chapter 7 case resend the contract if the trustee breeches the agreement. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I had a hearing in bankruptcy court- does this mean I wasn't
I had a hearing in bankruptcy court- does this mean I wasn't supposed to defend myself against the one who called for the hearing?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a chapter 13 bankruptcy petition in 2012. It was
I filed a chapter 13 bankruptcy petition in 2012. It was converted to a chapter 7 and I received a discharge of debt under USC 727. In 2016 I filed another chapter 13, and the same creditors who didn'… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a Chapter 13 petition in 2012 which was converted to
I filed a Chapter 13 petition in 2012 which was converted to Chapter 7 and I received a discharge in 2015. While a case was still opened I filed a another 13 in 2016. The same alleged secured creditor… read more
socrateaser
socrateaser
1,031 satisfied customers
Rule 1009 all petitions, lists and scheduled statements and
Rule 1009 all petitions, lists and scheduled statements and admendments should be verified or contain unsworn delcaration to filed what is this… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Files his Chapter 7 petition and fails to include a creditor
John files his Chapter 7 petition and fails to include a creditor whom he borrowed $5K from for an educational loan. He wants to amend his petition to include the creditor before his creditors meeting… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
I filed a volunteer chapter 13 bankruptcy petition. I
I filed a volunteer chapter 13 bankruptcy petition. I converted my petition to a chapter 11. I was later converted to a chapter 7 by the bankruptcy court. It was a asset liquidation case which consist… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I filed a chapter 13 bankruptcy petition in the district of
I filed a chapter 13 bankruptcy petition in the district of Connecticut. It was converted to asset case under chapter 7. The trustee filed a "notice of pendency of bankruptcy case" on the land records… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I received a letter from the united states bankruptcy court
i received a letter from the united states bankruptcy court southern district of new york … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
What happens if a debtor files a chapter 13 petition and
What happens if a debtor files a chapter 13 petition and includes only two executory contracts on the schedules. Then, the debtor moves to convert to chapter 11 and files an amended set of schedules b… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Not a duplicate** Must a creditor petition the bankruptcy
Not a duplicate**Must a creditor petition the bankruptcy court to pursue a judgment lien for post-petition debt/arrears? Are they violating the automatic stay if they do not get permission from the ba… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know if I'll need a lawyer or not. I am a creditor and I sold my business to another person 21/2 yrs ago. She has several creditors but the othe… read more
socrateaser
socrateaser
1,031 satisfied customers
Bankruptcy court trial hearing Brief needed. I am a
Bankruptcy court trial hearing Brief needed. I am a Creditor, already finished a Rule 2004 exam on Debtor, out of court. I must file brief and exhibits by this Friday.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed an initial "emergency" petition for chapter 13 and
I filed an initial "emergency" petition for chapter 13 and the rest of my documents are due tomorrow and I don't have all them ready, i filed without an attorney. I am trying to figure out how to get … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,272 satisfied customers
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed on December 12, 2016? If so, what are its effects. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Joan wishes to file a Chapter 7 petition in November, 2016.
Joan wishes to file a Chapter 7 petition in November, 2016. Since January, 2016 she has had difficulty paying her bills and mortgage. Her Uncle Bob has helped her by paying mortgage, utility and some … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I live in California For bankruptcy court. What documents to
I live in California For bankruptcy court. What documents to I have to present for a valid Prenuptual agreement?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
Can the bankruptcy court put our house up for sale when we
Can the bankruptcy court put our house up for sale when we didn't complete the bankruptcy courses after court?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x