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-   -   Private Student Loans (https://www.askmehelpdesk.com/showthread.php?t=73689)

  • Mar 19, 2007, 12:35 PM
    jmp4481
    Private Student Loans
    I have about 105,000 in private student loan debt. With my payments starting to be the full amount, I'm not sure what I can do. Does the new bankruptcy laws protect the private student loan debt from being discharged even though they aren't federal loans? Thanks for any help. Any suggestions will be great.
  • Mar 19, 2007, 01:08 PM
    ballengerb1
    Could you re-read your post and possibly restate it or at least rephrase?
  • Mar 19, 2007, 01:33 PM
    Lowtax4eva
    Also where are you located? In Canada a bankruptcy does not erase student loans unfortunately
  • Mar 19, 2007, 01:42 PM
    Curlyben
    FYI,
    Member is located in Texas.
  • Mar 19, 2007, 01:46 PM
    Lowtax4eva
    Ah, well then never mind!

    How did you see this, when I go to look at the profile I never see the city someone lives in
  • Mar 19, 2007, 01:48 PM
    Curlyben
    Lowtax, ask no questions and I'll tell no lies ;)
  • Mar 19, 2007, 02:09 PM
    ballengerb1
    Lowtax, read the line under Curlybens name, it says administrator. They know everything.
  • Mar 19, 2007, 02:20 PM
    Curlyben
    Ballengerb1, the important title is the one in my signature ;)
  • Mar 19, 2007, 03:55 PM
    jmp4481
    Quote:

    Originally Posted by ballengerb1
    Could you re-read your post and possibly restate it or at least rephrase?

    I would like to know if bankruptcy would discharge my private student loan debt since it is not a federal loan? Yes, I do live in Texas. Thanks!
  • Mar 20, 2007, 09:29 AM
    Miranda
    Unfortunately not. I just inquired about this very same thing with my bankruptcy lawyer.
  • May 13, 2007, 11:49 PM
    Dabidosan
    Ha. Miranda's attorney sucks or simply doesn't know how to file an bankruptcy. You can file bankruptcy on your non federal student loans! There is an alternative but either way your going to drag your credit through the ringer! Don't pay! There I said it. I can't believe it but I said it. You can't be garnished in the state of Tx (so don't move for the next 7-10 years). And don't make any payments to any of the holders for next 7-10 years. Anytime you make a payment you eliminate the statute of limitations and start all over again. NOW seeing that your loan is so much I can assume that you have or are looking to get a professional license? Here's the downer - they can't come after your paycheck but they can take your license. Also the loan is going to passed from agency to agency until the statute runs out. That means non stop calls until you send each agency a do not call request.
  • May 14, 2007, 10:24 AM
    Miranda
    Well, in the state I live in, wages can be garnished. If you do not pay your student loans, they will get a judgement and attach any checking or savings accounts. They will get their money eventually, and when they do, you will owe way more than 105k. I wouldn't mess with them. Also, the loan will be passed from agency to agency forever. Not just until the statue runs out. Once the statue runs out, if they haven't already gotten a judgement, they can no longer sue. However, they can still call and send letters all they want. They will definitely get a judgement on that large of an amount though.
  • Sep 23, 2007, 07:18 PM
    Iknowalotofstuff
    Lowtax4eva made a comment about Canadian Bankruptcy and private student loans that was unfortunately incorrect. S. 178 of Canada's Bankruptcy and Insolvency Act states that only government student loans or loans guaranteed by the government are not subject to discharge unless the student has been out of school for 10 years. Private student loans are treated as any other unsecured debt provable in bankruptcy and are dischargeable.

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