If I file for Bankruptcy will my student loans get discharged?

Written by BkHome


So are student loans able to be discharged? In short, probably not. Student loan debts are nondischargeable in Chapter 7 Bankruptcy cases unless payingrepparttar debt would causerepparttar 111916 debtor "undue hardship." This basic rule also applies to Chapter 13 Bankruptcy cases.

Discharge of student loans received popularity inrepparttar 111917 1970's. Many individuals would file for bankruptcy shortly after completing their expensive education. The goal was to discharge these student loans before they began earning money.

The wording ofrepparttar 111918 exception of a “hardship discharge” and what is considered a student loan has recently been broadened so that most student loans made by nonprofit groups orrepparttar 111919 government are now considered student loans. This only applies torepparttar 111920 actual student and not a co-signor. So a parent signing for one of their children could not have this debt discharged. In addition, this exception does not include debts to an educational institution for tuition. Ifrepparttar 111921 loan is nondischargeable thenrepparttar 111922 petition onrepparttar 111923 loan is also not going to be discharged.

So we turn to "undue hardship." Most published court opinions agree that "undue hardship" means more than garden variety hardships that come withrepparttar 111924 costs of future payments. Several circuit courts of appeals have developed a three-prong test.

6 Things to Consider Before Refinancing

Written by Rob Sallay


Perhaps you’re a homeowner in need of some quick cash.

Maybe you want to consolidate your debts so you have better control of your money.

Perhaps a lender is urging you to refinance because interest rates are low, and he has a too-good-to-be-true deal that will shorten your current loan’s term.

Here are 6 essential questions to ask yourself before makingrepparttar decision to refinance.

1. What’s My Motive—and What Will It Cost Me? Before you even consider a refinance, ask yourself this fundamental question: “Why do I need it?”

“Many times, people take out a new, larger loan to pay off credit cards, automobiles or even to purchase another home,” says Norm Bour, host ofrepparttar 111915 nationally syndicated U.S. radio program The Real Estate & Finance Show, and an experienced mortgage lender. “Sometimes they needrepparttar 111916 money to do home improvements or renovations.”

If, however, you want to lower your current loan payments or switch to a different type of loan, you must calculaterepparttar 111917 benefits before goingrepparttar 111918 re-fi route.

“If someone is going from a fixed loan to another fixed loan, my general benchmark is to see a 1% reduction of interest rates to justify it,” says Bour, who also teaches money-management classes in Southern California. “Sometimesrepparttar 111919 borrower goes from a fixed-rate loan to an adjustable to lower his payments. Sometimes he does justrepparttar 111920 opposite—maybe to get away from interest-rate volatility. These are very personal decisions, specific to each individual client.”

2. How Long Will I Be inrepparttar 111921 Property? You may already know—or suspect—that you will not live in your current home beyond a certain timeframe (perhaps 5 years). If this isrepparttar 111922 case, why would you even consider a 30-year loan?

“Sometimes, an adjustable-rate loan or a ‘hybrid’—say, a 5-year fixed, then converting to an adjustable—makesrepparttar 111923 most sense,” Bour says. 3. What Am I Worth? Do your homework before trying to qualify for a new loan. You should know:

• The approximate market value of your property, as “loan to value (LTV) is one ofrepparttar 111924 primary factors that control interest rate,” Bour says.

• Your credit score, which will affect your overall ability to secure a loan, as well asrepparttar 111925 interest rates offered andrepparttar 111926 options available to you.

4. Do I Have a Competent Loan Officer? In certain cases, refinancing may not yield “a monetary savings, per se,” Bour says. This means there must be “compelling reasons” to secure a new loan, he emphasizes.

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