Student Loans And Bankruptcy New Law - Changes in Bankruptcy Law For learner Loans
The policy of the Us government is so tailored that learner loans for education are indeed available. The supervene is that liberal loan schemes are on the anvil and loans for higher studies are open for all.
Student Loans And Bankruptcy New Law
However while the seventies a separate phenomenon had taken place. Students then in large numbers took education loans and accordingly obtained their degrees. But on completion of their courses, before they had got a job the students would file for bankruptcy. The purpose was to get out of the liability to pay back the loan.
They could thus relate to the courts that they had no income in their plea of bankruptcy as they were unemployed. However to obviate this lacuna and also due to intense pressure the government changed the law and the requirements in 1998. There were further changes in 2005 and secret loans were also brought within the legal net.
The changes have effectively made it difficult to discharge learner loans with a uncomplicated plea of bankruptcy. The only health that can lead to a discharge of a learner loan now is,if the learner can prove that repaying the loan would generate an undue hardship on him and his family. Proving this is the accountability of the learner himself. Prior to this learner loans could be discharged in case they were paid for 7 years but this has also changed since 1998.
Student loans are contracts like any other loan and are field to laws governing contracts.Thus fraud, misrepresentation etc are open to challenge in a court of law. Someone else point in students favor is that the students' loans are not enforceable when the school has finished prior to the learner completing his education. These challenges could be raised in a chapter 13 proceeding and decided by a bankruptcy judge.
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