Scenario 1 Chapter 7 bankruptcy is available to Celia for her credit card debt and in some circumstances for including her student loans (Forgiveness, Cancellation, and Discharge) (Twomey & Jennings, 2014, p. 747). The discharge of student loans in bankruptcy is rare (Forgiveness, Cancellation, and Discharge). Direct loans, Federal Family Education Loan (FFEL) Program, and Perkins Loans can be discharged if all of the three following circumstances are met (Forgiveness, Cancellation, and Discharge).
1. Celia will be unable to maintainable a minimum standard of living if forced to pay the student loans (Forgiveness, Cancellation, and Discharge).
2. It is evident that the loan repayment hardship will continue throughout the life of the loan (Forgiveness, Cancellation, and Discharge).
3. Celia made an effort in good faith to repay the loans for a minimum of five years before declaring bankruptcy (Forgiveness, Cancellation, and Discharge).
As Celia only made payment for two years and not the required five years as required by good faith she will not be eligible for the student loans to be discharges just her unsecured credit card debt (Forgiveness, Cancellation, and Discharge). Assuming Celia had attempted to pay her student loans the bankruptcy court must decide if these circumstances have been met through the means test (Twomey & Jennings, 2014, p. 749). Under the means test disposable income is determine by the formula as follows: debtor’s current monthly income
Another option that students with debt may take would be joining the military. The military has its own loan forgiveness program. Another thing that the military has is strict rules about who can be in the military. People in the military rather it is the Army or the National Guard have to be healthy. It is not someone’s fault if they are not in perfect condition because for the most part our health is out of our hands. Basic things like not smoking can help prevent someone from being unhealthy, but no one can avoid their family history when it comes to their health.
Student loan debt affects college students all over the United States. Today students are having to take out loans in order to pay for all of their college expenses. It can be a pain to deal with the hassle of paying back the loans. The problems with student loans include causing students to go into debt that they are not able to pay them off in the given time which makes them put major life decisions on hold, and the debt stay with the student even through bankruptcy. A solution that would solve these problems is the idea of debt forgiveness which is the idea that the government will get rid of all the loan debt for college graduates.
Americans have amassed more than $1.3 trillion of student loan debt (Clements). A lot of graduates are postponing life events like having kids, buying a house, to deal with the debt. About 14% of student are in default. Default means failing to make payments on your loan as scheduled. Defaults usually results in larger loan balances. With this upcoming election, it 's crucial for candidates to address student loan debt and their solutions. As a potential voter, it’s important I select the candidate that will benefits me and get rid of my loan debt.
As of today Americans are facing a outstanding debt of 1.3 trillion dollars in student loans alone and it 's up to 43 billion students to pay all of that back in full. Our most recent graduating Class of 2016 student is coming out of college owing an average of $37, 172 in loans, making an increase of 6% since 2015. Which is significant amount of growth to have within such a short period of time. Many of these students are unable to make their monthly payments whether it be because of the tremendously high interest rates or because they simply don 't have the sufficient funds to pay their monthly quotas. But many student are also not aware of different options that are available to them that help eliminate their student loans in full or to repay their loans in a very doable and manageable manner. In this paper I will be discussing and focusing on the three most beneficial and commonly known options which are, public service loan forgiveness (PSLF) , the four different type of income based repayment (IBR), and refinancing your loans.
11 USCS § 727(a)(4)(A) states, “The court shall grant a debtor a discharge unless the debtor knowingly and fraudulently, in or in connection with a case, made a false oath or account.
Many students have argued that they will just take the extreme debt and file for bankruptcy later on in life. The main problem with that argument is that they assume a student loan is similar to other loans. For example in order to get out of a car loan debt you need to prove “undue hardship.” With student loan debts the taxpayers want to ensure that there is no way for you to just walk away from a student loan debt. According to a Harvard Journal Article the difference between regular debt and student loan debt is, “The Bankruptcy Code’s treatment of education debt may reflect the view that a loan from the government qualitatively differs from a loan from a commercial lender.” Since they are not given the same background check that commercial
Many people would love to have their student loans debt forgive but do not believe it will happen. So Kayla Webley decided to write an article about student loan forgiveness, at the time Webley wrote the article she was the education correspondent for Time magazine. Now she is currently a staff writer for the same magazine. In her article, she claims that the student loan dilemma that is facing a lot of Americans is a problem for your country and needs to be addressed, but the current idea for solutions is not feasible and new ideas need to be raised. In her article, she argues against solutions people have put forward and also counter argue the claims they make in their solutions.
That 's because dependent undergraduate borrowers cannot borrow more than $31,000 in federal student loans - independent students can borrow up to $57,500 - making it unlikely there would be any remaining balance after 10 or 20 years of payment unless the borrower made an unusually low income for a long time.
College students who have multiple loans in their names understand the nightmare involved in making the repayments once they finish off their studies. The government also understands the problem and hassle that the students have to face and so programs on student loans consolidation federal has been designed and created. Though student loan consolidation programs were always into existence, they have been simplified and made comfortable in the present day. These programs are designed and created so that students find it easy to manage their income and pay off the debts faster too. It is advisable that the borrower considers some issues before pursuing student loan consolidation. There are different types of loan consolidation programs and
Another option that students with debt may take would be joining the military. The military has its own loan forgiveness program. Another thing that the military has is strict rules about who can be in the military. People in the military rather it is the Army or the National Guard have to be healthy. It is not someone’s fault if they are not in perfect condition because for the most part our health is out of our hands. Basic things like not smoking
The student loan problem is starting to look clear enough on the surface. As students are incurring oversized student debt, and are defaulting on that debt and threatening their ability to access future credit that will and need one day. To this the approaches to student loan debt collection are filled with problems, including improper recovery tactics and informational imbalance regarding the repayment options. But the current public policy conversations miss key issues that contribute to this debt mess, leading to proffered solutions that also miss their mark. Although there is one way that this problem could and can be fixed.
How student loan forgiveness functions, especially for Public Service Loan Forgiveness (PSLF) Program and Teacher Loan Forgiveness?
Loan forgiveness began in October of 2007 with the passage of the College Cost Reduction and Access Act. It allows for the remaining balance of student loans to be forgiven after 120 payments are made on time provided certain conditions are met.
Chapter Seven personal bankruptcy is many times known as "straight" or alternatively "liquidation" bankruptcy -- it cancels your current debt, but one may have to let the bankruptcy court liquidate some of an individual's possessions for the benefit of your debt collectors. ("Chapter 7" pertains to the section of the particular federal government Bankruptcy Code which has the bankruptcy legislations.)
Student have debts one way or the other by continuing their education after high school and the student are pressure by their parents or at the counselor’s office in high school to get a degree. The only way is by college they say, but some student can’t afford it up front and need financial aid to help out. Here is when the student get in trouble by signing the application before they read the terms and conduction what they just sign. Some student think they will find a good job and not worry, because they know they can afford paying the loan back. Lot of employers are looking for experience to quantify for that job. When they have a degree after they finish school and seek for a job and find out they are over quantify or under quantify for that job and there is no way to pay for the student loan at a minimum job or no job at all and seeking for a solution help for the student loan. Some seek a default on the loan and don’t want that in your history records there is a better solution and it a student loan forgiveness. The solution to the problem with student loan debt is to be educated about which loans are best out there. Choice the best one for your situation. Student don’t have to get in debt, because there is other ways to pay for college, like going part-time to college and have a full time job. Some company will pay for you college. Be wise before you sign the loan document and read the terms and conditions.