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Student debt and “undue hardship”

If you are buried deep in debt but your debt is mainly student debt you may want to reconsider bankruptcy since almost all
student loans are non-dischargeable. The law is clear when it comes to student loan debt: Unless repayment causes the debtor
undue hardship, courts won’t allow discharge of student debt.
The above is applicable to Chapter 7 Bankruptcy and Chapter 13 Bankruptcy too. So in order to be able to get discharged from
student debt you’ll need to meet the “undue hardship” requirement.
This concept implies an excessive poorness caused by the debt that would affect the ability of the debtor of paying for basic
needs. The main difficulty is to prove undue hardship.

A bit of history

Student Debt used to be more easily discharged in the past. However, due to abuse, Bankruptcy’s legal requirements were
modified and now it is extremely difficult to get discharged.
The abuse consisted on filing for bankruptcy immediately after finishing college, thus getting discharged of their student
debt prior to joining the workforce.
When this practice became common, lenders complained and got the administration to modify the rules that controlled bankruptcy.

Discharging Nowadays

Currently, the exception of hardship includes government loans and nonprofit organization loans.
So it has become even more difficult to get student debt discharged. Besides, not only has the debt to disrupt the debtor ability to maintain an adequate minimal standard of living but the debtor must have tried by every possible way to repay the
debt.

Co-signer Responsibility

Even if the debtor meets all this requirements, any co-signer who subscribed the loan with the debtor won’t be covered by the
hardship exception and thus will be the sole responsible one for the debt repayment.
This is one of the lender’s main securities and explains why most of the student loan lenders require a co-signer in order to grant a loan.

Final considerations

Filling for bankruptcy or not is a decision that has to be intensively meditated and must be substantiated in the need of a fresh new start when there is no other choice.
If a bankruptcy won’t discharge your student debt, and if your student loans are the main constituent of your debt, then it
makes no sense to suffer all the bad consequences associated with a bankruptcy without being able to enjoy the benefits.

However, if your income is too low, your debt won’t let you even breath and there is no other way of recovering from this
situation, you may be able to convince a court that due to the excessive burden your debt has turned into, it should be discharged.
That way, you’ll be able to get a fresh start and become debt free.

Mary Ann Wise, a professional consultant with more than twenty years in the financial field, is currently committed to helping people in the process of securing personal loans, mortgage, refinance or consolidation loans and preventing consumers
from falling into the hands of fraudulent lenders.
In one of her websites: http://www.badcreditloanservices.com you will find more useful tips and interesting articles on this
subject and other financial related topics.

Businesses, companies, and firms can file for bankruptcy if they are on the verge of failing all their creditors and losing their position in the market. The laws that deal with such cases are federal bankruptcy laws or Chapter 11 and Chapter 13 laws.

One advantage of filing under federal bankruptcy law instead of under Chapter 7 is that this does not require the liquidating of the company. Instead, the company will be run along with the debt being paid as decided, which will give the firm or company a chance to try to make profits again. However, all the decisions made by the management after the case is files must be approved by the federal court.

In case the company files for bankruptcy under Chapter 11, all the assets remain with the company. The company may liquidate stocks and such to pay off some part of the credit but this can be solely at the company’s discretion. However, regular reports must be sent to the court as to any decision being made in the company.

Cases filed under this law are usually very expensive and take a long time to resolve since they deal with a number of people involved in the company instead of with just one individual as in other cases. Even the filing fee for such cases is very expensive. The management must be in a position to incur all such costs when filing the case. Also, a lot of planning must be done before filing the case to avoid too many delays later in the case.

The company can form a committee of creditors to come up with a plan to repay their debts. This involves simultaneously running the company and incurring new expenses and following a court-approved plan to pay off the debt. It is suggested to have attorneys in the committee to avoid litigations in the future relating to this plan.

Bankruptcy provides detailed information about bankruptcy, bankruptcy attorneys, bankruptcy faqs, and more. Bankruptcy is affiliated with New Bankruptcy Laws.

Congress passed and the president signed legislation earlier this year that made filing for personal bankruptcy a much more difficult proposition. At the urging of the financial industry - particularly credit card providers and banks - the new legislation was drafted and approved setting the stage for stricter requirements governing personal bankruptcy. There is a flip side to the new law, one that is actually hurting creditors more than they ever expected; please chuckle with me as you learn just what that other side is.

When President Bush signed legislation making personal bankruptcy a more difficult proposition, credit card providers and banks hailed it as a significant move to reduce the number of deadbeats skirting their financial obligations by filing for personal bankruptcy. The mood, however, has quickly shifted for creditors as an ugly flip side to the new bankruptcy law has reared its head: people are paying off their debt faster than ever before! Realizing that there is no second chance with the new law, consumers are reacting in fear and paying off their debts. So, why is this ugly for creditors? For two reasons:

1. Consumers are not using their credit cards as much, therefore their debt levels are now lower.

2. Consumers are paying off existing debt at faster rates than have ever been seen before.

The result? Less income for the creditors as consumers have wised up. MBNA and Capital One, two huge credit card providers, are seeing their profits sink. Other credit card providers are reporting similar results. Highly dependent on your desire to run up debt, these companies are now seeing their profit margins drop sharply. In a nutshell: high consumer debt equals big profits; low consumer debt levels equals low profits.

I am sure by now you are having the same chuckles as I am. Keep on laughing by paying down your debt and by purchasing what you want with cash. Oh, by the way, ignore the increased flood in your mailbox of credit card solicitations: you don’t want to change the mood of the financial community, do you?

Matthew Keegan is the owner of a successful article writing, web design, and marketing business based in North Carolina, USA. He manages several sites including the Corporate Flight Attendant Community and the Aviation Employment Board. Please visit The Article Writer to review selections from his portfolio.