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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can you file for bankrupcy for student loans and hospital

This answer was rated:

Can you file for bankrupcy for student loans and hospital bills?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

You can discharge hospital bills through a bankruptcy with no problem, however, student loans are difficult, if not impossible to discharge.

WALLSTREETESQ :

If you have some disability where you will not be able to work, then the discharge of the student loans is possible, absent such extreme situations student loan debts cannot be discharged,

WALLSTREETESQ :

unless you can prove that repaying the loan creates an undue hardship on you or your family

WALLSTREETESQ :

Proving hardship usually requires showing that you can't provide a minimum standard of living for yourself and your dependents if you have to repay the loan.

Customer:

Im a single mother with 2 children with disabilities (severe autism and devlopmental delays with my other child). My only income is there disability checks due to that fact them needing me. I get help from the state.

WALLSTREETESQ :

It usually requires a showing that the conditions that make repayment a hardship are unlikely to improve substantially over time.

Customer:

I have to travel 2 twice a year out of town just to see one devlopmental pediatrician

WALLSTREETESQ :

If this is the case, you may be able to discharge the loans, if the payments would create an undue hardshi[

WALLSTREETESQ :

To discharge a student loan in bankruptcy, the debtor must bring an adversary proceeding in the bankruptcy case. The debtor must prove at trial that repayment constitutes undue hardship.

Customer:

They do. we barely stay afloat

WALLSTREETESQ :

If your economic situation will not be improving anytime soon, this may be possible,

WALLSTREETESQ :

If the disability is your only source of income, you can argue that the payment of the loans is hurting your childrens care, and therefore creates an undue hardship for you and your minor children.

Customer:

Would It be recommend I consult an attorney? Ive recieved letters that i do work they can take up to 90 percent. They already garnish my income tax refunds.

WALLSTREETESQ :

Yes, if your plan is to discharge student loan debts, I would advise you to seek local bankruptcy counsel, as the process is not simple, however, in your situation, it is possible,

Customer:

ok. when going to a bankruptcy attorney is it expensive normally?

Customer:

what kind of bankruptcy would this be and how long does it stay on your credit?

WALLSTREETESQ :

some charge a small consulting fee, however most will allow you to have a free consultation

WALLSTREETESQ :

this would be a chapter 7 bankruptcy,

WALLSTREETESQ :

it will stay on your credit report,

WALLSTREETESQ :

10 years

Customer:

ok, thank you so much i had been afraid to inquire for long. Youve helped me a great deal.

WALLSTREETESQ :

good luck, and if you have any further questions please do not hesitate to ask

WALLSTREETESQ :

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