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Bankruptcy Law/Student loan debt

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Question
I attended the Philadelphia Art Institute from 1991-1994. The cost was approximately $15,000. I have been employed since then, but not gainfully. When I received my degree, I searched for work in audio/video engineering. Most of the employers did not look highly on this degree or institution. I have since found work outside of my degree. I got my CDL about two years ago, and am now driving a truck. I have not made much money in the 14 years since I graduated and have paid what I can on my student loan. I recently received a letter from Sallie Mae stating my 15,000 loan is up to 52,000 and want me to pay close to $600/month. There is no way I can afford that, short of winning the lottery. What are my options?

Answer
Student loans are not dischargeable in bankruptcy unless you can prove "undue hardship" after a trial.  To see what is required for this, see http://www.bklaw.com/chapter7/student_loans.html

You should first try consolidating the loans and trying to do an income contingent repayment plan with the Direct Loan Servicing Center.  Call them for details at 1-800-848-0979.  

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

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Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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