Yes if it is a direct debt to the institution, it can be discharged. If it is a student loan, then bankruptcy will not discharge it. Talk to a local bankruptcy attorney for assistance in deciding what it is.
It depends on the type of loan you have. Some school loans and not dischargeable.
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Institutions have been know to convert direct loans, which may be dischargeable, to loans administered by federally guaranteed organizations, which then become non-dischargeable in bankruptcy.
This is only one apparent loophole in the present system, that along with other policies, has contributed to a serious problem, allowing the national student loan debt, to exceed all amounts owed on credit cards,
General legal advice is offered for educational purposes only. A consultation with a qualified attorney is required to determine specific legal advice as to your situation and applicable law. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
Maybe. Bankruptcy would stop the collection activity, but student loans, generally, are not discharged in bankruptcy. However, if you eliminated other debts that would free up money to pay the student loans. You should consult a bankruptcy lawyer. Also, you may have claims against the collection firm for consumer law violations.
Feel free to send me a quick email to contact me with any more questions.
If these collectors have violated your rights, you might be entitled to up to $1000.00 per collector if they violated federal law in the way they are collecting. In some instances, $1500.00 per call if you told them to stop calling you with an auto-dialer ad they ignored you.
Bankruptcy is an option with student loans, but it very hard to get them discharged via bankruptcy.
However, there are resources that you can be put in contact with who might be able to help you consolidate your loans, which would help in reducing payments to an affordable amount, and then you can go after any possible offending collectors. I hope this helps.
Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please take it as a general response from my own experience in response to your question. I hope you find it helpful.
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