Shouldn t you be able to discharge your student loans in a bankruptcy?
Many students today leave college and graduate schools with mounting bills before they ever commence their employment life. In many cases these student loans can amount to an excess of $200,000. The monthly payments new graduates face can be as significant as $1,200 per month. Couple that payment with the uncertainty of the US and world economy and the situation truly appears to be grim. Many of today s young professionals and working class amass large unsecured debt through credit card purchases just to get by. They do not earn even as much money as the median person in their state. Many have purchased homes with current fair market values worth many thousands of dollars less then their mortgages, and in many cases fall behind on their payments. What are their options negotiate with their creditors? If these debtors can not afford to commit to the massive payments, then negotiation is not an option. Their only true salvation is a chapter 7 bankruptcy. The debtors certainly can get some relief from filing for bankruptcy. If they have incurred massive credit card debt, medical bills, or even judgments for failure to pay debts, those all can be wiped out as unsecured debt. If they can not afford their home, they can always walk away from it. Even if the bank can not recoup their money and obtains a deficiency judgment against the debtor, that judgment is not secured as the mortgage was, it can also be stripped. However, many young debtors largest concern and most significant payment comes in the form of their student loan. What happens to that debt? Currently, a student loan is not secured in any collateral, but it is considered a priority debt, and can not be wiped out quite so easily. In order for a debt to be discharged, it first must be classified as a consumer debt. The debt must have been incurred for a personal, household or family purpose. For example, most courts have held that taxes are not consumer debts within the meaning of the Bankruptcy Code. Debts incurred in the production of income are generally not considered consumer debts. Compass Bank v. Meyer (In re Meyer), 296 B.R. 849 (2003). Other courts, including two courts of appeals, have adopted the ”profit motive” test. Baskin v. G. Fox and Co., 550 F. Supp. 64 (D. Conn. 1982). Under this test, a debt is not a consumer debt if it ”was incurred with an eye toward profit.” In re Booth, 858 F.2d 1051, 1055, (5th Cir. 1988). If a debt is incurred partly for business purposes and partly for personal, family or household purposes, the term ”primarily” in the definition suggests that whether the debt is a ”consumer debt” should depend upon which purpose predominates. Presumably, this determination would normally turn on the purpose for which most of the funds were obtained. In re Booth. Under this test, courts have concluded that student loans may or may not be consumer debts, depending in part on the motivation for obtaining them. In re Stewart, 175 F.3d 796 (B.A.P. 10th Cir. 1997). The court held a student loan classification depends on facts; in the case, classification of a portion of medical school loans as consumer debt was not erroneous. If a court determines that a student loan is a consumer debt, which in and of itself still will not provide grounds to discharge the loan. A court must find pursuant to Section 523(a)(8) of the US Bankruptcy Code, that the student loan qualifies as an undue hardship which allows the court to discharge an otherwise nondischargeable priority debt if excluding the debt from discharge will necessitate an undue hardship on the debtor or the debtor’s dependents. Such a judicial decision is discretionary with the bankruptcy judge in determining whether payment of the debt will cause undue hardship on the debtor, thus defeating the ”fresh start” concept of the bankruptcy laws. The most widely used test for evaluating the dischargeability of a student loan under section 523(a)(8) states that the debt is dischargeable if three conditions are met: 1. The debtor cannot maintain, based on current income and expenses, a ”minimal” standard of living if forced to repay the loans; 2. There are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3. The debtor made good faith efforts to repay the loans. Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395 (2d Cir. 1987) The Supreme Court has stated that section 523(a)(8) is ‘’self-executing” and that ”[u]nless the debtor affirmatively secures a hardship determination, the discharge order will not include a student loan debt.” Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004). In other words, student loan debt remains due until there is a determination that the loan is dischargeable. Underwood v. United Student Aid Funds, Inc. (In re Underwood), 299 B.R. 471 (Bankr. S.D. Ohio 2003). To demonstrate the current criteria used by the Bankruptcy court to discharge a student loan, the district of Massachusetts has set a high bar. The debtor was a 32 year old unmarried woman who suffered from relapsing, recurring Multiple Sclerosis. The debtor’s currently monthly income totaled $ 1101. The court found that the debtor’s minimum expenses exceed her income. The debtor would have to give up her telephone and her gas money to become even marginally solvent. The court also found that the debtor had made Herculean efforts to both find work of a type she could perform and actually work despite facing daunting physical obstacles. Finally, the court found that the debtor’s current condition, which had worsened since she first became symptomatic, would continue to impair her ability to find employment that would improve her financial status. The court reasoned in part that it had been able to observe many of the debtor’s symptoms first-hand. Denittis v. Educ. Credit Mgmt. Corp. (In re Denittis), 362 B.R. 57 (First Circuit for the District of Massachusetts 2007). As a further example of how precarious a debtor s situation must be, the same court as above denied the debtor s motion to discharge her student loan. The court held the educational loans were not dischargeable under 11 U.S.C.S. 523(a)(8) because the debtor’s prospects for increasing income over time were promising and, by slightly cutting her expenses, she could make the minimal payments towards her student loan obligations under the Income Contingent Repayment Plan. Brunell v. Citibank (SD) N.A. (In re Brunell), 356 B.R. 567 (1st Circuit, 2006).The forgoing article on bankruptcy relief from student loans was drafted by Attorney Michael Goldstein, a <a href="http://www.goldsteinandclegglaw.com/bankruptcy_blog">Massachusetts Bankruptcy Attorney</a>.
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Popular Tips For Bankruptcy Low Cost Filings
Everyone knows that filing for bankruptcy is not done for free Your whole town probably already knows that you have no cent to spare, however even if you’re totally and literally bankrupt, sadly, it still takes a few bucks to officially declare yourself under that esteemed category To help a lot of people who are grappling for ways to redeem themselves through proper federal jurisdiction, a lot of low-end companies and online software have made it possible for banking filings to be done at low cost Such opportunity is provided to a lot of United States citizens who are contemplating about the possibility of having their houses repossessed and all their assets liquidated . .Getting the Right (and Cheapest) Bankruptcy Attorney . .One way to make bankruptcy filings cheaper and more convenient is by hiring the perfect attorney Asking around the neighborhood is one great idea to scout for a cheap yet good attorney who can deliver your case promptly and make your life in filing for bankruptcy easier With the current state of the American economy, filing for bankruptcy is almost a normal feat for one out of ten households in a specific town Do not be ashamed to seek help from the people you know and heed the advice that will be most appropriate for your situation Bear in mind that filing for bankruptcy is a time-consuming process, and one way to make the system more efficient, is by having an able lawyer at your side . .Once you’ve found the right attorney, hire that person and make your life easier as you do your bankruptcy filings Simply get an attorney for the filing process itself You do not specifically need to hire a lawyer for the entire case of bankruptcy You just need a lawyer to put things in proper perspective before you begin A lawyer can speedily bring your case up to the federal jurisdiction for review, as opposed to you doing it alone, unless you are a lawyer yourself . .Online Bankruptcy Software . .Almost similar to hiring a lawyer, purchasing a software that will allow you to make filing easier and more dependable can expedite your case in more ways that one Some software can be purchased directly on the internet You can Google your way to different servers who can provide online paralegal assistance in filling out forms and downloading all the blank paperwork that you need for the application In picking the right software, make sure that you ask all the necessary questions and provide a checklist of all the things you need done You can also download the forms in the United States Bankruptcy Court webpage . .All the forms that you need can be downloaded there, however, this is more recommended to people who knows exactly what to indicate on bankruptcy forms You have to bear in mind that any piece of information that is indicated one each form can be held against you or challenged by other parties during crucial meetings Not making certain that all information provided is correct may result to future problems .
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6 Things to do if involved in a Motorcycle Accident
Motorcycle accidents have a reputation for being some of the deadliest. Motorcycles offer little protection to riders in the event of an accident; therefore the injuries are often severe requiring long recovery periods. Usually, motorcycle accidents are not the biker s fault. Due to the size difference between a motorcycle and passenger vehicle, motorcycles are harder to see and are frequently lost in the passenger vehicle s blind spot. Due to this fact biker s are often sideswiped by vehicles that simply did not see them. Some shocking statistics from the National Highway Traffic Safety Administration show that motorcyclists are 32 times more likely to die in an accident than passenger vehicle occupants, and 6 times more likely to suffer injuries. It is important to remember that biker s are entitled to compensation for injuries due to someone else s negligence as well as passenger vehicle drivers. If you are involved in a motorcycle accident it is important to remember the following things: 1. Report the accident to police. The police report is helpful to your auto accident injury lawyer in determining fault. 2. Record the names and statements of witnesses to your accident. Take pictures and record any unusual circumstances or whether that may have contributed to the accident. This will be especially useful should your case go to court. 3. Do not speak with any insurance agents or adjusters that may show up at the scene. This is an unscrupulous tactic sometimes used to get people to admit fault or say something that could hurt their claim. 4. Call your insurance company to report the accident. Do not speak with the other party s insurance carrier. Let your motorcycle accident injury lawyer deal with them. 5. Even if you feel you haven t sustained a serious injury, it is a good idea to get checked out by a physician. Some brain injuries do not show up right away and insurance companies may be reluctant to pay for an injury later on. 6. Contact a motorcycle accident injury lawyer as soon as possible.Michele Wallace, the author of this article, writes for the <a href= http://www.maliselawfirm.com/><b> MaliseLawFirm"</b></a>. Malaise handles motorcycle accident cases for the citizens of San Antonio.
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