Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or another legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for...Read more »
I have a student loan for around 10,000 and I can’t afford to pay it. I couldn’t finish online school because I moved to make sure my kids were safe from mold and I couldn’t get internet for almost 3 weeks after we moved and I called the school and told them and they wouldn’t help me and... Read more »
Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.
Down my work hours I had a court order to move out by August 31 2011 I did in march of 2013 I called wells Fargo to tell them the fence was down and a pool was in the yard and kids were playing there they informed me it was my problem the house was mine and we ended up doing a modification when I... Read more »
Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you...Read more »
A: That was a very long time ago. I would strongly suggest you: (1) speak with a malpractice attorney and (2) speak with an experienced bankruptcy attorney about the possibility of reopening your case, or filing a new one and doing a 522F Motion.
Student loans, regardless of the source are generally not dischargeable in bankruptcy. There are rare circumstances when then can be discharged in bankruptcy, but it involves the filing of an expensive secondary action involving issues which can be more affordably addressed with most lenders...Read more »
Seven years must pass between the filing of Chapter 7 cases. The dates are counted from Filing Date to Filing Date, not Discharge/Discharge. Based upon the years provided, it has been approx 9 years, so you can refile.
Undue Hardship alone is not sufficient. Student Loans are pretty much NOT Dischargeable. However, US Dept Ed does provide for a forgiveness program due to disability. The degree of disability is much, Much, MUCH GREATER than Social Security Disabled. To be frank, we're talking about a your...Read more »
If there is a deficiency after the sale of your daughter's property, potentially, it could become a lien against the jointly held real property. Depending on the specific exemptions in your state, you could loose your home, should the Plaintiff chose to levy. I would suggest you speak with...Read more »
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