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Can a student loan be included in a bankruptcy

1 Answers. Asked on May 04th, 2017 on Bankruptcy - Georgia
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Answered on May 05th, 2017 at 12:51 PM


Student loan debt has become a crushing burden on a huge number of people.  Although under the current law, bankruptcy usually cannot completely discharge (wipe out) student loans, in many cases it can provide relief.


Chapter 13 bankruptcy allows you to set up a payment plan to deal with all of your debts, including student loans.  A typical plan will run from 36 to 60 months in length. Your student loan debt may not be fully paid off by the plan, but while the plan is going on, the lender cannot take any action to collect the debt.  So, you do not have to worry about the lender garnishing your wages, seizing your tax refund, etc..  Once you complete your plan, the lender will be free to collect again.  At that point, many borrowers try to get their loan into an income contingent repayment plan.  The U.S. Department of Education has several plans that allow borrowers to have their monthly payment adjusted each year according to their income.


If you are considering Chapter 13, be sure to see an experienced bankruptcy attorney.  Experience matters!  Your attorney will try to set up a plan that you can comfortably pay and still meet your ordinary living expenses. 


Morgan & Morgan of Athens, Georgia has more than 30 years experience helping people deal with student loans and other debts through Chapter 13.  We offer a free initial consultation with an experienced attorney, NOT a paralegal or assistant, to fully evaluate the client’s options.  Chapter 13 plans can be started with as little as $75 up front.  If you need help, visit our website at, or call (706)548-7070 today for an appointment.  


Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

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If you're struggling to pay off your delinquent debts and getting hounded by collection agencies, then it's time to address your financial problems. And filing for personal bankruptcy may be the ideal solution. Whether you're an individual or married couple considering Chapter 7 or Chapter 13 bankruptcy, or a business considering a Chapter 11 reorganization, or a farmer considering Chapter 12, you need the advice and guidance of an experienced bankruptcy attorney. Your lawyer can help determine which form of bankruptcy is right for you, prepare and file all of the paperwork, and advise you throughout the bankruptcy process.
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