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Chapter 7 Student loan

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    #16
    Originally posted by backtoschool View Post
    You will not win the hardship case with these numbers. There is an income contingent repayment plan that you can consolidate your loans into that might lower your payments, but unless you are permanently disabled and unable to work, you will not get a student loan discharge.
    Yes with income contingent plan is $478/month compare to $750/month

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      #17
      inability to pay is not student loan hardship

      Sorry to tell you biatatus, court rulings have been very clear: inability to pay is not considered to be a hardship and will not get your loans discharged.

      Pay stubs, birth certificates, child support court order are not even close I'm afraid. You need the evidence I posted earlier.

      Your problem is that you can't show that your income won't increase over your lifetime; your child support will eventually end and then you can pay on your student loans.

      My advice is to start working with your student loan lender. Be persistent, be very persistent. Send them all your bills, the alimony order, the child support order, explain that you can only pay X a month, start paying them that amount every month, did I mention being persistent? Especially if you are serviced by Dept. of Ed. talk about a bureaucracy !!

      If you get your loans discharged, I will sing your Judges praise to the whole forum then I will move to your district, wait 8 years and go for mine.

      Tom in Colo

      forget diamonds, student loans are forever.....
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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        #18
        OK Ive been doing alot of reading. Some people converted their Chapter 7 ot chapter 13 to keep their student loans affordable. NOw my question is, since I filed chapter 7 and it was discharge last May. Can I still convert to chapter 13? is it easy?

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          #19
          Well, you cannot "convert" your chapter 7 since it has already been discharged, but you can file a new chapter 13. Since you do not need a chapter 13 discharge, you can use chapter 13 to buy you 60 months of affordable payments on your student loans, but that is not really an ideal strategy.

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