I agree . . . . Student loans are not going to be discharged in any kind of bk. I don't know where they got $.10 on the dollar, but that is something I've never heard of happening. That is an incredibly low settlement.

I'm starting to think maybe they are telling you want you want to hear so that you will hire them and they get their fee . . . . . Then just like with this settlement company you signed up with, in a few months you will realize that they are not doing what they originally promised.

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That $49,000 student loan debt isn't going anywhere until it is paid in full. Sorry to say that. I am about to finish my bk and I have student loans, and I am telling you that is federal debt which is protected from bk, you can pay a percentage of that through a bk plan but the principal balance after the bk will follow you. You should consult more than one bk attorney.

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Yeah, this attorney is telling some really odd things that don't mesh with the laws . . . . .

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If I was delinquent in my house payment I could lose it, unless if file chapter 13, which allows you to catch up and keep your house.. However I am current on my house payment and I can reaffirm my current bills (house, truck and card) and keep them in my chapter 7 bankruptcy, because they are secured loan debts and current.

They would take them if I were delinquent, but I'm not. I have learned so much today.

We are below the median by approx. 3000.00.

SO, if we're below the median, does the complex part of the means take place? or do we get to file chapter 7?

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In the end it is ultimately up to the trustee to decide which he will allow you to file for. You can petition for a seven but be prepared, he may force you into a chapter 13 plan. And when I filed my chapter 13 plan, my house payment was current (never paid a day late, and that went for my car payment as well). Like I said, it is all up to the trustee, and it depends on what type of trustee you have, you could get a really good one, or a really nasty one.

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What debt are you trying to get rid of through a chapter 7 bankruptcy?

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No, this is oklahoma law I found online
about the student loans. I am going to ask
my attorney about it when I talk to him.
He does bankruptcy's everyday, so I think
he can answer my questions correctly when
I turn in my paperwork to him.

At this point I really don't care if they
can do my student loans or not. The minimum
they want is 430.00, I can't do it, so I
will send them 200.00 a month and I have
been told that they will not be able to sue
me if I am paying something on them.
However, Oklahoma just passed law to help
people in my field with 15,000.00 of their
student loans, so that will help me out.
But, I found that they can be discharged,
very hard, but they can be discharged.

I will let you know tomorrow...

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Since you are only $3000 below the median income, and do own assets, there is a chance you will br forced into a 13 . . . . It's become very hard to qualify for a 7 nowdays . . .

I also think that it may look a bit off to the trustee that you would be wanting to reaffirm so many of your debts . . . It makes it look like you just want to get rid of the bills you can't afford, and keep the ones you can.

So your total income for the last 6 months, divided by 6, is $3000 less then the median? That is kinda close . . . .

Also, one thing you have to keep in mind, the bank that has your mortgage has to agree to this. They don't agree, the chapter 7 is out the door.

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The law about student loans not being dischargable is federal . . . Not state level.

There are programs where you can get your loan forgiven, but it doesn't have anything to do with bankruptcy.

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25K in credit cards,
I was in debt settlement since 2005 and I got sued on a card and served summons. My admin fees have been paid up this month and now they are not to supportive or informative!!!!

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I'm sorry, your student loans are not going anywhere, period, they can still come back and garnish your check if you do not send what they are demanding for payment each month. Here are the ONLY cases that student loans can be discharged: DEATH, a life catastrophe such as severe disabling condition. You are still working and able to work, you are not going to get rid of your student loans, it doesn't matter what state you live in, there is only one federal law which covers federal student loans and each state much follow that law. Your student loans are going nowhere.

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What assets do we own?
None.

We own a vehicle worth 1000.00 and another worth 25.00 that is wrecked. WOW...We have major assets!!!

Nothing is going to look odd about me wanting to keep our house and truck. We have to have a dependable vehicle and we owe the rest of our lives on our house and 2 more years on our truck. I have one credit card for clothing, I am a BIG girl and I get my clothes from Lane Bryant. All three are current and never been late before, I was allowed to keep one card open during the settlement program and I chose the Lane bryant.

The information I found on the student loans was on the federal education site! They can be discharged through bankruptcy if it will place family in hardship, which is hard to prove, but since we will be in hardship.... I think we qualify. It don't hurt to ask him.

We live in a piss pot doublewide on an acer of land and have two dogs, a riding lawn mower and two small fixer upper sheds. A trampoline and household items that we bought throughtout the years at pawn shops!!!!

I don't been to sound sarcastic, but it is all frustrating...

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I will tell you this, if I have ever met a person in financial hardship and should qualify for discharge from student loans that would be me. Two severely/significantly disabled children with constant medical needs and treatment, surgeries, etc...medications out the ying yang, outrageious, medical bills at unbelievable amounts, and I did not qualify. My oldest son has already maxed out 2 medical plans if that gives you any indication of the significant cost to care for my children and the hardship it causes financially, as I am the only parent caring for them. And I still did not qualify. I am just trying to be realistic in the difficulty in getting rid of student loans, and please do not get your hopes up and then be devasted. :cry:

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I was told by another person in this forum that as long as I am paying something on my student loans, that they won't sue me or try to garnish my check, so I won't worry about that now.

My cousin has not paid her minimum in over 15 years and she was told that after she pays on it 25 years the rest is discharged. I don't know about that either. We will see.

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And they still garnished my paycheck. And I sent them only what I could. But they are being paid through chpt. 13 plan and balance will still follow me upon discharge.

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I don't mean to be argumentive, but I have been told so much in the last 24 hours that I don't know what to believe. Right now I am believing the attorney on the house. I asked him if I could keep the house and vehicle in chapter 7 and he told me YES, if current.

I called someone that just filed and discharged and they confirmed they got to keep the house and their vehicle, plus they got to keep another vehicle and 2 horses, their riding lawn mower and all their household items.

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