Legal Question in Bankruptcy in Kentucky
are student loans ever eligible for bankruptcy, these loans are over 15 years old and currently in default and wage garnishment
Asked on 3/04/10, 5:12 am
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Student loans are not easily discharged, but they can be under certain circumstances. The court looks to see if repayment of the loans would create an undue hardship. They look at your current ability to repay the loans and your likelihood of repaying them in the future (your future earning ability). They also look at whether you have tried to repay them in good faith. In the 6th Circuit, which includes Kentucky, there is a three factor test that the courts apply. You really need to get with an attorney who practices bankruptcy to look at your overall situation and recommend a course of action.
Answered on 3/10/10, 6:55 am
Related Questions & Answers
-
Can i put a repo that my wife had on my bankruptcy the car was for me .lexington ky Asked 2/10/10, 11:33 am in United States Kentucky Bankruptcy Law
-
Can we close out our bank account before paying off payday loans Asked 1/25/10, 10:09 am in United States Kentucky Bankruptcy Law
-
Cannot afford to continue living in home much longer how can i get my bankropycy... Asked 1/24/10, 10:21 am in United States Kentucky Bankruptcy Law