QUESTION

How can I resolve a 12 year old student loan?

Asked on Sep 09th, 2012 on Debtor and Creditor - Louisiana
More details to this question:
Only been able to make only the minimum amount of payments. I have had deferrement and forbearence and have been unsuccessful in paying off the loan. My income is just not enough to take care of this loan.
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1 ANSWER

Bankruptcy might be an option for you but keep this in mind that student loans are normally considered non-dischargeable debt in bankruptcy unless you can prove that the debt will impose an undue hardship on you and your dependents.  A common test that most courts use to evaluate whether a particular debtor has shown an undue hardship is the Brunner test which requires a showing that 1) based on the current income and expenses, the debtor cannot maintain a “minimal” standard of living for the debtor and the debtor’s dependents if forced to repay the student loans; 2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and 3) the debtor has made good faith efforts to repay the loans.  The court interpretation of the three prongs have become increasingly stringent.  It is difficult, but not impossible to have your student loan debt through bankruptcy.  I highly suggest that you speak with an attorney before you attempt this route so that they can evaluate the facts of your case and see whether you would qualify for a discharge on your student loans.   Another option is to call the lender and see what repayment options are available to you.  I know that there are several programs that may help you such as: income-based repayment, income-contingent repayment, and income-sensitive repayment.  I would look into these programs to see if any of them are available to you and proper for your situation.  I hope you found this answer useful.  
Answered on Sep 12th, 2012 at 8:27 AM

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