Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.
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: