Legal Question in Bankruptcy in Ohio
general
1) Is it possible to claim defaulted student (college) loans ($20,000).?
2) How about bad (bounced) checks; over two (2) years old?
3) If possible or not let me know how.
1 Answer from Attorneys
Re: general
As to the student loans, it depends on when they first became due and whether or not there has been a deferment. If more than 7 years have past since first due and no deferment, then they can be discharged. With deferment, it's more complex. If less than 7 years, you must show "extreme hardship" such as a permanent disability that prevents you from working to obtain a discharge. You must affirmatively apply for discharge in that case, the creditor does not have to file an objection to prevent you from being discharged. Chapter 13 might be better if you are not close to making 7 years.
Bad checks shouldn't be a problem to discharge, but you may be subject to criminal prosecution depending on what the checks were for. If checks were in payment of bills, there shouldn't be a problem, but if given to purchase goods or services, big problem. Get a good lawyer in either case.
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