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Federal Law Governs Bankruptcy And ... - Port of Hodiedah Finance

Many of these loans are administered by the Federal Family Education Loan Program, which means the money is made available through private lending sources and guaranteed by the federal government. Many times they seek financial relief through bankruptcy and student loans are often included in the filing. However, recent changes in the bankruptcy code have made student loans non-dischargeable through bankruptcy proceedings.

Stafford Loans for graduate students are available for either qualifying students as subsidized or unsubsidized loans. The rules concerning hardship conditions are usually hard to prove to the court and most former students are left with a few options of how to pay off the debt through court-ordered payments,

Once out of school, if the student reneges on the promise, the amount of the loan will become due.Under this filing no debts are wiped clean, rather the student will pay back all loans through the bankruptcy court trustee at a monthly amount established by the court. The student is protected from legal proceedings in bankruptcy and student loans are often put at the top of the debt list by the court, meaning they receive a higher priority in receiving payments before other obligations.

With subsidized loans, the federal government picks up the cost of interest while with unsubsidized loans the student is responsible. Typically, if a debtor?s debt is judged delinquent by a court and restitution is ordered, the debt holder can garnish wages as well as income tax returns and other income. Without the protection of bankruptcy and student loans that can be the target of garnished wages, the court has limited the amount collectable to ten percent of the debtor?s net income.

Another option may a graduate federal Perkins Loan, money from which comes from the government through the school with an interest rate of five percent. A student may opt for Chapter 13 bankruptcy and student loans included in the filing will paid off under the court schedule. The advantage of Chapter 113 is that the student is protected from any collection activities provided the monthly payments are made in a timely manner.The laws were changed to accommodate the many lenders who were growing reluctant to provide these unsecured loans to students or their families, only to have them discharged under bankruptcy proceedings.

For more information on personal loanand personal loans, you can turn to the author.

Source: http://www.portofhodiedah.com/federal-law-governs-bankruptcy-and-student-loans/

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