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I plan on filing chapter 7 within the next few months and…

Customer Question
I plan on filing...

I plan on filing chapter 7 within the next few months and have been reading about ways to have my student loans expunged as well

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I am disabled and make 970 a month. I live in ohio and no i haven't found a lawyer who knows anything about what im asking about, as far as the student loans

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

I may have some collections that have gone to civil court but i've pretty much given up on keeping up with who and how many creditors want money. my student loans are in good standing. i pay 0 dollars a month but about 400$ gets added to the debt every month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have about 20k in debt besides my 30k+ in student debt. also my student debt has been sold a few times to different companies. and I went chapter 7 bankrupt in 2007

Submitted: 4 months ago.Category: Education Law
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Customer reply replied 4 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Education lawyer: rayanswers, Attorney replied 4 months ago
rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 48,264
Experience: Texas lawyer for 30 years representing children and parents.
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Education lawyer: rayanswers, Attorney replied 4 months ago

The only way to discharge the loans in Chapter 7 is to convert them to a credit card or other loan, say signature loan.You have to morph them and make them dischargeable this way.

It can be done if you can pay them off with credit cards, or another bank loan.You will have to Chane these if you want to file again.You can often put them on credit cards and claim them as creditors.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Education lawyer: rayanswers, Attorney replied 4 months ago

Here is the other option to discharge them as existing debt

Bankruptcy is rarely an easy process, but it’s notoriously difficult with student loan debt. In fact, the only way to discharge federal student loans through bankruptcy is to prove “undue hardship.”

Essentially, you have to prove that you can’t pay back your federal student loans. However, courts are left with some room to interpret your eligibility. Most courts evaluate hardship using The Brunner Test.

The factors of this test are outlined by the U.S. Department of Education’s Federal Student Aid office and are paraphrased below:

  • You wouldn’t be able to maintain a basic standard of living if you had to pay back your federal student loans
  • You can prove that the hardship will last for a large percentage of your repayment period
  • You honestly tried to repay your federal student loans before this point

Although these points may seem easy to prove if you’re in dire straights,

“The reality is that unless you can show an extreme hardship where you will never work again and have attempted to pay back the loans and cannot, the likelihood is that bankruptcy won’t be an option. As a result, the general advice given is that student loans are not dischargeable in bankruptcy.”

Overall converting them say more credit card debt would be the way to go if you can do so and then file.

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