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questions about ch. 7 and new rules

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    questions about ch. 7 and new rules

    Hi all, it's been awhile since I've checked in-
    I had a ch. 7 discharged earlier this year that I did myself- and now I hear some news that there have been some changes.

    Is it true that you can now claim student loans?
    how long after a ch. 7 discharge can you go back and add/change something?

    Can only attorneys file help others with their ch. 7 filings now?

    What else has changed?
    And what the heck does 'presumption doesn't arise' mean anyway????

    Thanks

    #2
    The changes would not affect you as you filed prior.

    No-student loans in general cannot be discharged unless you can prove undue hardship. Its more difficult now to discharge student loans than before.

    Mainly, the changes include some extra educational steps, and more guidelines for what can and can't count for expenses.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      Unknowns

      After talking to my attorney, it seems there is alot that both sides are trying to figure out.

      If you have student loans, you have to pay them back!

      There are only 2 ways to get out of student loans.
      1. If you still owe money after 25 years it will be forgiven
      2. You don't want to know the last one


      My attorney taught a class for other attorney regarding the "means test" and I was her first "means test" recipient. Since, I am the Guinea Pig I get a discount lol
      Stop the National Arbitration Forum! 99% of Hearings in Favor Against YOU!

      Avoid Agreements with Mandatory Arbitration Clauses.
      Don't Sign Away your Rights!

      Emergency Filing 1/20/06
      341 Hearing with 2 US Trustees Present 2/16/06
      3/1/06 Chapter is a GO!
      Expected Discharge 3/15/06
      awwww crappola

      Comment


        #4
        Okay,
        You still cannot get student loans discharged in bankruptcy unless its for hardship cases.

        BUT NOW - THEY CAN take your social security benefits and take part of it for old student loans........ new law just passed.!!!

        What will they think of next???
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

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