If it is a federally backed student loan, it will not be discharged unless you can prove before a bankruptcy judge severe undue hardship which is very difficult.

You can probably do a loan modification in conjunction with the Bankruptcy. Most Bankruptcy Courts have a Loss Mitigation Program which does exactly that. Check with Counsel in your jurisdiction, and you should be fine

The federal bankruptcy laws provide for exemptions. Certain property and equity in property can be protected. You should consult with an experienced local bankruptcy attorney to discuss this. You need to disclose all of your assets, debts and income. Good luck.

I believe that if the child is under 18 and a dependent then yes they would be discharged if the obligor parent files

Spouses, whether traditional or other can file jointly

The very first step should be to contact a local bankruptcy attorney and schedule a consultation. Many will provide a short consultation at no charge, so be considerate and be prepared.

Many attorneys will have a worksheet for you to fill out and bring to your appointment. You need to... View More

Congratulations you are almost done. Yes, you can file the motion on your own. You need to have completed an approved financial management course and filed the certificate before you file the motion for discharge. You should check the local rules for what is required. Your Chapter 13 Trustee... View More

Private student loans may be dischargeable if certain criteria are met. The debtor must file an adversary proceeding against their creditor and meet the standards in what is called the Brunner Test. In Brunner v. NewYork State Higher Education Services Corp No. 41, Docket 87-5013 outlines the... View More

No there is no minimum amount of debt required in order to file for bankruptcy; however before you consider filing for bankruptcy it is important to determine whether you can pay the owed debt without the need to file. If you cannot pay off your debt within a reasonable amount of time and without... View More

You might be able to file for bankruptcy. You might be able to use federal student loan forgiveness laws to not pay the student loan, depending on the type of loan and school you attended. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

That depends on a couple of factors. How much, and when they started contributing. Let me know if you still have questions.

That is a tough one. It is true that you can qualify for a modification once every 12 months, HOWEVER, if there is a change is circumstances, then you could always apply again. I would call the bank and find out what your options are. If you still need help, feel free to call me.

Speak to your bankruptcy attorney about this. If you do not have one, go see one.

If you have a confirmed plan that proposes to pay allowed general unsecured claims a percentage of the creditor's claim, the student loan claim will only be paid the percentage that was to be paid on the claim as it existed on the date the bankruptcy petition was filed. However, the student... View More

Student loans are nondischargeable in chapter 13 cases unless you file an adversary proceeding in the form of a complaint to determine the dischargeability of the student loan and the bankruptcy judge rules in your favor. If the student loan cannot be discharged, then the interest that accrues on... View More

No. If the underlying debt can be discharged in bankruptcy (and most unsecured debts such as medical bills, credit card debt, old utility bills, etc. can be), then the debt can still be discharged if there is a lawsuit in progress, or even if the debt has already been reduced to judgment.... View More

The Bankruptcy Code allows a debtor to file a motion to compel abandonment of an asset, if that asset is "burdensome to the estate" or "of inconsequential value". If the trustee has been unwilling to voluntarily abandon the asset, he or she may oppose the motion and attempt to... View More

Massachusetts exempts a significant amount of value in your home (meaning that's something you can keep in bankruptcy). Whether or not your home is fully protected depends on the amount of equity you have, but the exemption covers at least $125,000, and in some cases $500,000 in equity, so... View More

A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281.... View More

You should raise that in a Motion to Strike.