Legal Question in Credit and Debt Law in California

student loan and judgment

What advice would you give to someone who has both an unpaid student loan and a nondischargeable judgment? The debtor is 63 years old and cannot continue to make payments on both because of a reduction in hours worked.


Asked on 7/08/09, 12:30 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: student loan and judgment

You should investigate a range of potential options, including analysis of whether the student loans can be discharged for "hardship," what the nature of the non-dischargeable judgment is, and is it really non-dischargeable. Further, a Chapter 13 might allow you to repay these non-dischargeable debts in a court-structure repayment plan. Alternatively, if you are judgment proof perhaps you need do nothing. One last note on this - if you have a lot of other dischargeable debt, you may be better of still filing, even though these two debts will not be discharged, and obtaining a discharge of all other debts, then negotiating a settlement of the two non-dischargeable debts.

I would suggest that you meet with a qualified, experienced bankruptcy attorney in your area, and review all possible options, not just chapter 7. Good luck - that's a tough situation, however, there are other potential solutions.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/08/09, 12:55 pm


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