Bankruptcy Forum

FAQ maybe?

MCheyenne6
08-26-2008, 08:11 AM
Okay so as you know, my pace says i'm awaiting closing....

I know I've read that in most cases student loans are not discharged, how would i even know if mine was?? I read something that said you had to show that your income does not support the loan payments, which truly mine doesnt.

woeisme
08-26-2008, 08:36 AM
yours is not discharged unless you filed a petition with the court proving undue hardship. Not being unable to pay now does not meet this criteria, it's the fact that you can't meet it now, and due to circumstances beyond your control, will NEVER be able to make your payments without it forcing you into an impoverished state. Typically these petitions are denied and involve a lot of legal proceedings and wrangling with the court, so it seems highly unlikely that yours are discharged if you don't even know about it, believe me, you'd know if you had fought that extremely tough battle!

MCheyenne6
08-26-2008, 10:28 AM
k thanks for your help!