Can Bankruptcy Erase My Student Loan?

June 25, 2009

A common question asked regarding bankruptcy is whether student loan debt is dischargeable. The answer is that you can consolidate your student loan with your other bills in a Chapter 13 court-ordered repayment plan. When you file for a Chapter 13 in Austin, Texas, the student loan agency must accept payments under the terms of the Chapter 13. The student loan agency is a creditor and they cannot pursue you for any unpaid portion of the student loan during the Chapter 13. Also, the interest that would normally accrue may be waived during the Chapter 13. So in a way, it is a loan forbearance.

One of the benefits of filing for bankruptcy in Austin is the temporary relief, allowing you to pay a reduced percentage of your student loan and other outstanding obligations. They will not be able to put a lien on your income or assets. But there is a catch. After your Chapter 13 discharge they may pursue you for any portion of the student loan that was not satisfied by your Chapter 13 payment plan. After the Chapter 13 is discharged or dismissed, however, you will have the opportunity to work out a payment plan to pay the remaining balance.

For a free consultation about student loans forbearance and bankruptcy contact Fears | Nachawati via toll free phone a 1-866-705-7584 or via e-mail at info@fnlawfirm.com.

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