As most people with student loans know, student loans are not dischargable in bankruptcy. You can’t get rid of them. However, many people don’t realize that a Chapter 13 Bankruptcy can still help if you are behind on your student loans or facing collection efforts such as a lawsuit or wage garnishment. Just like with all other debt, when you file a chapter 13 bankruptcy, the automatic stay goes into effect immediately and ALL creditors (including student loan creditors) must stop any collection action against you. This means that if you are being sued or your wages garnished for a student loan debt, a bankruptcy will immediately stop those collection efforts. You can then use your chapter 13 plan to manage all your debt and get your student loan repayment back on track. A chapter 13 plan typically lasts either 36 or 60 months. Even if your chapter 13 plan payment does not pay all your debt, particularly all the student loan debt, the creditor cannot try to collect during that period.
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AuthorMelissa Wimberley Larsen is a 1986 graduate of the University of Alabama in Huntsville, and graduated with honors from the Cumberland School of Law at Samford in 1992. She has extensive experience in all types of litigation both simple and complex. Ms. Larsen is a member of the National Association of Consumer Bankruptcy Attorneys and specializes in consumer bankruptcy issues. Archives
September 2018
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