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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I just found out I am in default on student loans, i made 15k

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I just found out I am in default on student loans, i made 15k in 2011 and thought my loans were deferred. Now I just found out i have almost that much in late fees and penalties. I have started making payments but i'm not sure what to do. I need help.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

If you were to file bankruptcy, the student loans cannot be discharged. However, it is possible to seek relief of the late fees and penalties associated with the student loans. Usually, if you can prove a hardship if you're required to pay the penalties and late fees, then it is possible to get the court to discharge only these - - and not the actual principal balance of the loan.

How the court treats the penalties and late fees will depend on your income and your ability to pay, so it's not automatic that you would be allowed to get rid of this part of the debt - - but it is possible.

Customer: replied 4 years ago.

how would i get a court to hear my case? Am I billed for follow up questions?

No, you aren't charged for follow-ups. Just rate my answer once when we're done and only one charge will occur.

As for the follow up, once you file bankruptcy, the creditor will file a proof of claim. The you would file an objection to the proof of claim and allege that the late fees and penalties be discharged due to a hardship on you. The judge will then take up the issue and make a determination based on your income and ability to pay.

Roger and other Bankruptcy Law Specialists are ready to help you