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Q: student loans ( Answered,   0 Comments )
Question  
Subject: student loans
Category: Business and Money
Asked by: scherr-ga
List Price: $2.00
Posted: 02 Jan 2003 13:10 PST
Expires: 01 Feb 2003 13:10 PST
Question ID: 136607
can some one with student loan debt declare bankrutcy
Answer  
Subject: Re: student loans
Answered By: tutuzdad-ga on 02 Jan 2003 13:39 PST
 
Dear scherr-ga;

Thank you for allowing me an opportunity to answer your interesting
question.

Almost anyone can file bankruptcy. I presume you meant to ask, “Can I
include my student loan in my list of dischargeable debts in a
bankruptcy proceeding?”

According to DEBT SAVIOR, a debt consolidation and counseling service,
the following debts are no longer dischargeable by bankruptcy:

Credit card, personal loans, and installment purchases made within 40
days of filing.
Debts resulting from fraud 
Debts resulting from DWI/DUI or reckless driving. 
Fines from traffic tickets or debts that result from criminal
negligence
Debts from willful or malicious injury to another person or their
property
Alimony 
Child Support 
Student Loans(*)

“* In 1998 the law changed with regard to discharge of student loans.
Prior bankruptcy law allowed student loans to be discharged once they
were 7 years or older from the day they were first due. Currently,
student loans cannot be discharged unless the debtor passes an undue
hardship test. The debtor has to prove that they made good faith
efforts to repay the loan and prove that they cannot maintain a
minimal standard of living if you were forced to repay the loan(s).
The guidelines of a "minimal standard of living" are very rigid and
discharge of student loans under Chapter 7 is uncommon.”


I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for using Google Answers.

Best regards;
Tutuzdad-ga



INFORMATION SOURCES


DEBTSAVIOR
http://creditsaviors.com/bankruptcy.html


FEDERAL STUDENT AID
http://www.ed.gov/offices/OSFAP/DCS/disputes.html#Bankruptcy


FINAID
“Bankruptcy and Financial Aid”
http://www.finaid.org/questions/bankruptcy.phtml



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SEARCH TERMS USED:

“Student loan” bankruptcy

Request for Answer Clarification by scherr-ga on 02 Jan 2003 19:09 PST
whatis considered a minimum standard of living

Clarification of Answer by tutuzdad-ga on 02 Jan 2003 19:54 PST
Oddly enough, this document "REPUBLIC OF LITHUANIA - LAW ON INDIVIDUAL
INCOME SECURITY" (http://www.tm.lt/Litlex/Eng/Frames/Laws/Documents/113.HTM)
describes it quite well as it applies universally:

MINIMUM STANDARD OF LIVING:

The minimum standard of living is the sum of monthly earnings of a
family per capita, per month, and guaranteeing to all its members
socially acceptable minimal level of needs corresponding to the
physiologically acceptable norms of nutrition as well as needs in
clothing, footwear, furniture, household and sanitary commodities,
needs in housing, public utilities, transportation, communication
services, and services in culture and education.

I hope this clarifies for you. I welcome your future questions on
Google Answers and look forward to your rating of my answer.

Regards;
tutuzdad-ga
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