{"id":1752,"date":"2011-07-27T11:48:43","date_gmt":"2011-07-27T18:48:43","guid":{"rendered":"http:\/\/www.johntnicholson.com\/ohiolawblog\/?p=771"},"modified":"2011-07-27T11:48:43","modified_gmt":"2011-07-27T18:48:43","slug":"what-happens-to-my-student-loans-if-i-file-for-bankruptcy-in-ohio","status":"publish","type":"post","link":"http:\/\/henryclarke.co\/law-office\/what-happens-to-my-student-loans-if-i-file-for-bankruptcy-in-ohio\/","title":{"rendered":"What happens to my Student Loans if I file for bankruptcy in Ohio?"},"content":{"rendered":"<p>In any Bankruptcy Court, not just in Dayton, Ohio, the court will protect you from student loan creditors.\u00a0 Once the case is filed, the court issues what is called an \u201cAutomatic Stay\u201d, which prohibits any creditors, including student debt collectors, from taking any action to collect the debt.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignleft size-thumbnail wp-image-772\" style=\"margin: 4px;\" title=\"graduating_with_debt\" src=\"http:\/\/daytonohiodisability.com\/wp-content\/uploads\/2011\/07\/graduating_with_debt-150x150.jpg\" alt=\"\" width=\"150\" height=\"150\" \/>In most circumstances, the Automatic Stay will keep educational loan creditors from contacting you the entire time that the bankruptcy case is pending.\u00a0 In Chapter 13 bankruptcies, that period could be as long as 5 years.\u00a0 In that sense, student loans are treated like all other unsecured debts.\u00a0 However, whether student loans are discharged at the end of the bankruptcy is a more complicated issue.<\/p>\n<p>It is very difficult, but not impossible, to discharge student loans in bankruptcy.\u00a0 In order to discharge your student loans in a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will need to convince the Bankruptcy Court that repayment of the student loans \u201cwill impose an undue hardship on you and your dependents.\u201d<\/p>\n<p>Different federal districts have different tests that they use to determine what the borrower will need to show in order to prove \u201cundue hardship.\u201d\u00a0 These different tests and the different courts\u2019 interpretations make it more difficult to discharge student loans in some districts.\u00a0 Student loan discharge in Dayton, Ohio, is very difficult.<\/p>\n<p>In order to discharge the student debt, you will need to file what is called an adversary proceeding.\u00a0 The issue will be litigated in the bankruptcy court, costing time and money.\u00a0 Most bankruptcy attorneys offer free consultations, where you can get more information about the treatment of your student loans in bankruptcy.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In any Bankruptcy Court, not just in Dayton, Ohio, the court will protect you from student loan creditors.\u00a0 Once the case is filed, the court issues what is called an \u201cAutomatic Stay\u201d, which prohibits any creditors, including student debt collectors, from taking any action to collect the debt. In most circumstances, the Automatic Stay will [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[257,532],"class_list":["post-1752","post","type-post","status-publish","format-standard","hentry","category-bankruptcy-2","tag-financial-aid-forgiveness","tag-student-loans-in-bankruptcy"],"aioseo_notices":[],"_links":{"self":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts\/1752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/comments?post=1752"}],"version-history":[{"count":0,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/posts\/1752\/revisions"}],"wp:attachment":[{"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/media?parent=1752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/categories?post=1752"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/henryclarke.co\/law-office\/wp-json\/wp\/v2\/tags?post=1752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}