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Welcome to Bankruptcy Guide

 

Student Loan Bankruptcy Article

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The Bankruptcy Attorney – When Experience Counts Twice

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The bankruptcy attorney can seem like a confidante when you first meet him or her, because you will be sharing your personal financial details. Normally, these kinds of details are the kind people try to hide from the world for as long as possible. But when the debt burden becomes unbearable, it’s good to have a professional on your side as you deal with the complexities of the bankruptcy laws.

The very first decision an attorney will help you make is whether you should file bankruptcy at all. In some situations, other remedies are possible including selling assets or downgrading your lifestyle. But when that’s not possible, the second decision the attorney will help you make is deciding which bankruptcy chapter best fits your situation. The personal bankruptcy chapters are 7 and 13. Under chapter 7 you wipe out most debt. Under chapter 13 you set up a debt repayment plan through the court.

Once your bankruptcy attorney and you decide that filing is the right course of action, the next step is to actually record the petition in court. Your attorney will take care of this step and all other legal filing requirements. But after the filing you will discover an attorney specializing in bankruptcies can offer a number of other services.

The bankruptcy attorney is prepared to handle any and all special issues that arise during the bankruptcy process. For example, if you owe the Internal Revenue Service there are specific forms which must be filed in order to request IRS approval of tax debt elimination. The IRS will respond by indicating which debts can be included in the bankruptcy. Other special issues include business related debts, medical bills and the state and local debt laws that must be balanced with federal laws.

When you file a bankruptcy, it also helps to have an attorney that is trusted by the courts. Experience counts in court and a recognized and knowledgeable attorney is able to handle any court requirements. When you file bankruptcy, the court appoints a trustee to represent the court. The trustee reviews the attorney’s filings and can ask any questions that he or she sees fit to ask about your financial status. Your bankruptcy attorney can guide you through the process.

Your bankruptcy attorney also deals with creditors once the bankruptcy is filed. You virtually have no more contact with debt collectors and all debt collection efforts are referred to your attorney. This alone is a valuable service, because the attorney understands laws related to debt collection and is not cowed by collection efforts.

Even after you have completed your bankruptcy, the attorney who is an expert in bankruptcies can guide you on ways to re-establish your credit. This advice is valuable, because a bankruptcy stays on your credit record for 10 years. Therefore, establishing good credit is important, because your life will not be on hold for 10 long years.

A bankruptcy attorney is a person who will guide you through the entire bankruptcy process from initial financial status review to generating new credit after the bankruptcy is completed. If you are considering filing bankruptcy then your very first call should be to a bankruptcy attorney.


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Student Loan Bankruptcy Specific links

Student Loan Bankruptcy News

Five proposals to solve $1 trillion college loan crisis - USA TODAY


USA TODAY

Five proposals to solve $1 trillion college loan crisis
USA TODAY
In 2005, it extended the standard to private student loans. Bankruptcy attorneys say this standard is almost impossible to meet. VIDEO: New research shows that student loan debt is hitting Baby Boomers hard as they carry billions in debt from their ...
How do we fix the college debt problem?Daily Comet
New Book Warns Student Loans With Over $1 Trillion are Likely One of the Next ...San Francisco Chronicle (press release)
Best-Kept Secrets Of Student Loan BorrowingHuffington Post
StandardNet -Tampabay.com -Florida Times-Union (blog)
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22 and bankrupt? Student loan debt taking its toll - KVUE


22 and bankrupt? Student loan debt taking its toll
KVUE
More students are declaring bankruptcy to help get out from under a mountain of student loan debt. “We are starting to see the first big wave,” says Christina Henry, a bankruptcy attorney at Seattle Debt Law. Henry said she has seen a notable increase ...

and more »

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The Student Loan Crisis: America's Slow Poison - Blogcritics.org (blog)


Blogcritics.org (blog)

The Student Loan Crisis: America's Slow Poison
Blogcritics.org (blog)
Nearly half of all bankruptcy lawyers report that they have also seen a marked increase in these kinds of clients as well. Despite these disturbing trends, 95 percent of these attorneys say that only a few student loan debtors are qualified to get a ...

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Number of the Week: Student Loan Bubble - Wall Street Journal (blog)


Number of the Week: Student Loan Bubble
Wall Street Journal (blog)
By Phil Izzo 368%: The jump since 2007 in the measure of consumer credit held by the government comprised primarily of student loans. If a student loan bubble were to pop, the government, not private banks, would be the one standing around with gum in ...

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Even after bankruptcy, trapped by student debt - Boston.com


Boston.com

Even after bankruptcy, trapped by student debt
Boston.com
The Stangs filed for bankruptcy and lost their Sandusky, Ohio home to foreclosure, but due to a 2005 law their student loan debts are still not dischargeable. (AP Photo/Mark Duncan) By Justin Pope AP Education Writer / April 25, 2012 The misfortunes ...
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