Tag Archives: Chapter 13 bankruptcy

Are short sales worth the risks and is bankruptcy a better option?

 

When bad things happen to good people homes may fall into foreclosure. In too many cases, houses are not worth what the owner owes on the mortgage. This is common with people who bought their homes before the recession when prices were high. If the lender forecloses on the house it will be sold to the highest auction bidder. If the house sells for less than is owed, there may be an opportunity for the lender to sue and collect the deficiency judgment, or balance due after foreclosure. If the market is flooded with foreclosure homes, they could be sold off for significantly less than they would be worth in a healthier economy and real estate market. As foreclosure sales created more financial damage to many, the alternative method of short sales became more popular, giving homeowners an easier way out of their mortgages.

While short sales allow is a sale of your home to a new homebuyer for less money than you owe on your mortgage. If the lender bank agrees to a short sale deal, you may sell the house and be released from the mortgage lien and may go on your way to rent or purchase a more affordable home. While this sounds like a dream come true, there may be a few catches.

Here is a short list of considerations when you have the option to short sell your home:

  1. The lender bank and decision maker on your mortgage has no duty to accept a short sale deal. When you owe the money, you owe the money, plain and simple. The bank may be motivated to do a short sale if the market is flooded with upside down deals and the home is likely to sell under value at auction. Instead of fighting to then also collect the deficiency judgment against you, a lender may be more likely to work with you on a short sale deal, to get the house sold for fair market value.
  2. Even if the bank allows the short sale deal, they may not operate at the speed of business and it may be easier to lose buyers who cannot wait for a slow-moving lender bank. If the lender has a large volume of short sale deals, it may be even more difficult to get things done in a timely manner. Losing buyers and increased aggravation are possible in many short sale deals.
  3. Deficiencies are also possible with short sale deals. Even if you get more money for your house in a short sale, the amount you owe may still leave you short. It is a good idea to have a financial advisor assist you with your options to see what makes the most sense. If the short sale is still going to leave you high and dry, it may be better to proceed with a simpler foreclosure.

Short sales are long and complicated. There are more people involved in the transaction, more tax implications, more chances for something to go wrong. The more complicated the process, the easier it is for people to get frustrated and walk away from a deal.

Why would bankruptcy be a better option?

Depending on a review of your financial situation, a Chapter 7 or Chapter 13 bankruptcy may help you keep your home and avoid foreclosure. If you know you are badly upside down on your home and want to get out of your mortgage regardless, a bankruptcy can help you wipe out the amount of the deficiency judgment and give you a fresh start.

Depending on what you owe, how much you own and your income, a Chapter 7 full discharge will stop your bill collectors and wipe out all your dischargeable debts. If you do not qualify for a Chapter 7, a Chapter 13 reorganization bankruptcy will allow you to pay back a fraction of your debts over a three to five-year period, which may help you stay in your home and avoid making the foreclosure versus short sale decision.

About us: Joseph Wrobel, Ltd., works with clients to find out if they qualify for Chapter 7 or 13 bankruptcy, and their options and rights under the law. The firm will also advise and assist clients with questions and concerns about the collectors and their rights to pursue you.

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

 

January 2017 Chicago Bankruptcy Question and Answer Podcast with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress. Click/tap here to listen to this podcast interview anytime.

Sample questions answered in this 30-minute show:

  • What happens when my cosigner files for bankruptcy and I am still making loan payments?
  • Is filing bankruptcy the best option when there is a significant lawsuit filed against you?
  • Do I still have to pay when a credit card company writes off a debt as a charge off?
  • Can my tollway fines, and other tickets be included in a Chapter 7 bankruptcy?
  • Can I file bankruptcy to reduce or remove past child support obligations?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973, he earned a JD from DePaul University Law School.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

Visit our Chicago Bankruptcy website online for more about the firm or call for more information at (312) 781-0996 or e-mail at JosephWrobel@ChicagoBankruptcy.com.

November 2016 Chicago Bankruptcy Question and Answer Podcast with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress. Click/tap here to listen to this podcast interview anytime.

Sample questions answered in this 30-minute show:

  • When I file Chapter 13, will the judge go over the credit card statements?
  • Can you file Chapter 7 bankruptcy in another state from where the debt came from?
  • If I declare bankruptcy for my medical bills, will my wife be accountable for my bills?
  • What can I anticipate as the amount of Chapter 13 payments on a certain amount of debt?
  • Can I file for bankruptcy before an inheritance check comes in?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973, he earned a JD from DePaul University Law School.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

Visit our Chicago Bankruptcy website online for more about the firm or call for more information at (312) 781-0996 or e-mail at JosephWrobel@ChicagoBankruptcy.com.

PODCAST: September 2016 Chicago Bankruptcy Question and Answer Podcast with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress. Click/tap here to listen to this podcast interview anytime.

Sample questions answered in this 30-minute show:

  • Can I stop a debt consolidation and file bankruptcy instead of continuing to make payments?
  • As a foreign resident in the U.S., can I also file for bankruptcy protection without being citizen?
  • Can I file for bankruptcy to discharge personal tax liability to the state in which I live?
  • I am facing an eviction and worried about the money I may owe, should I file for bankruptcy?
  • Can I file for bankruptcy if a creditor threatens to revive a money judgement against me?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973, he earned a JD from DePaul University Law School.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

Visit our Chicago Bankruptcy website online for more about the firm or call for more information at (312) 781-0996 or e-mail at JosephWrobel@ChicagoBankruptcy.com.

July 2016 Chicago Bankruptcy Question and Answer Podcast with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress. CLICK/TAP HERE TO LISTEN NOW!

Sample questions answered in this 30-minute show:

  • Must all my debts be included in my bankruptcy filing?
  • What are some of the dangers of filing bankruptcy without an attorney?
  • Ex-husband filed for bankruptcy, am I stuck with the debt?
  • How can I keep my house if I file for bankruptcy protection?
  • I am newly married, can I file for bankruptcy and not include my wife?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973, he earned a JD from DePaul University Law School.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

Visit our Chicago Bankruptcy website online for more about the firm or call for more information at (312) 781-0996 or e-mail at JosephWrobel@ChicagoBankruptcy.com.

March 2016 Chicago Bankruptcy Question and Answer Podcast with Joseph Wrobel

Chicago bankruptcy and consumer credit attorney Joseph Wrobel shares news and updates in bankruptcy law as well as business and consumer financial matters. It has been documented that financial troubles can cause all sorts of ailments, the most common of which is sleeplessness. Joseph Wrobel helps clients alleviate their anxiety created by the inability to pay bills and the embarrassment of financial distress.

Listen to the March 2016 Bankruptcy FAQ Podcast

Sample questions answered in this 30-minute show:

  • Should I file for Chapter 7 bankruptcy or pay off charged-off debts?
  • Can I file for bankruptcy if I am involved in an automobile accident with no insurance?
  • How can I remove a creditor still reporting on my credit rating after my bankruptcy?
  • How long after a Chapter 7 bankruptcy discharge must I wait to file a Chapter 13?

Joseph Wrobel has been a practicing attorney since 1973 and has experience in a wide variety of law relating to legal matters for individuals and families. Wrobel helps clients get out of debt and get a fresh start. He is an active member in several bar associations and the Bankruptcy Panel of Pro Bono Program of the Chicago Volunteer Legal Services. After serving the U.S. Army Reserve 363rd Civil Affairs Unit, Wrobel earned a B.A. in Psychology from Northwestern University and in 1973, he earned a JD from DePaul University Law School.

Don’t forget to keep up with us on Facebook, Twitter, LinkedIn and Avvo, where you can read client and peer reviews!

Visit our Chicago Bankruptcy website online for more about the firm or call for more information at (312) 781-0996 or e-mail at JosephWrobel@ChicagoBankruptcy.com.

The Wrobel Q&A: A mixture of real bankruptcy questions and answers

The bankruptcy laws have changed over recent years. Notably, the 2005 amendments to the bankruptcy code made it significantly more complicated for people interested in filing bankruptcy. Where it used to be easier to qualify for a Chapter 7 (discharge) bankruptcy, the means testing required under the changes to the bankruptcy code now limit some people to Chapter 13 (reorganization) if they do not meet the new requirements for the traditional Chapter 7 bankruptcy case. Since the laws have changed, people we know who had a bankruptcy more than 10 years ago likely had a different experience than people today. Additionally, since there is a variety of legal and financial details in most of our lives, the answers to many bankruptcy questions are complex and those answers depend on how an individual’s situation lines up with the complex system of laws known as the Bankruptcy Code.

Attorney Joseph Wrobel answers real peoples’ anonymous questions about bankruptcy.

Because the Bankruptcy Code is complex and every individual and family may have a complex amount of legal and financial questions, Attorney Joseph Wrobel spends some of his time answering real questions and giving real answers, to the best of his ability. His response often suggests there are more questions he would first need to ask a potential client to give them fair and honest answers to their questions. Even though the details in these questions and answers might be different from your potential questions, there may be some recurring types of questions and answers that can help you or a friend understand some of the basics about how Chapter 7, Chapter 13 and the automatic stay provisions of bankruptcy work to help people keep their car, home and get a fresh financial start.

It is important to note that these questions and answers are anonymous and we never know the identity of the person who submits these bankruptcy questions that come from a variety of sources. Attorney Wrobel answers the frequently asked bankruptcy questions in a few formats including the Wrobel Q&A on the ChicagoBankrtupcy.com website. On the Wrobel Q&A page the real questions are printed along with the best “lawyer answers” Attorney Wrobel can offer, given the information provided.

The Internet radio podcast show about bankruptcy and FAQs is never dull.

Another online tool Attorney Wrobel uses to respond to real bankruptcy questions is the Internet podcast channel, also hosted on the Joseph Wrobel, Ltd. website on the page titled, Joseph Wrobel on Blog Talk Radio. Here at the firm we sometimes say, “Listen to the FAQ podcast while you clean your desk at work or at home preparing dinner or folding laundry.” The situations that come up in the questions and the longer explanations on our monthly podcast program are very interesting. We are never surprised by some of the complex situations some folks have. There are always going to be others who have it better and worse of compared to our own financial or legal situations.

If you have an anonymous question to ask about bankruptcy laws and how they can help you stop some annoying creditors and get your finances back on track, you have a few options:

(1) You could always do nothing and hope you win the lottery, and for that we wish you luck;

(2) Go ahead and submit your anonymous question for Attorney Wrobel to answer on an upcoming Internet radio podcast or on the Wrobel Q&A page by using the Locations & Contact page on the website; or

(3) Call Joseph Wrobel, Ltd., directly at 312-962-4941 and ask to speak to an attorney, or send your question in an email to j.wrobel.ltd@chicagobankruptcy.com and we will respond quickly to help you out.

Bankruptcy consultations are free of charge and if we can help you at Joseph Wrobel, Ltd., we will let you know how and what you can expect if you decide to take advantage of the bankruptcy laws to stop the creditors and get back on track to financial success.  

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start. To keep in touch and read about consumer finance news and stories you can “Like” the firm’s Facebook page and “Follow” Joseph Wrobel. Ltd. on Twitter. If you need immediate legal assistance, please call Joseph Wrobel, Ltd. by calling (312) 781-0996 to talk to an attorney today.

 

 

 

Bankruptcy can save your car or truck from being repossessed or seized by creditors

It is undisputed our nation has a love for our cars, trucks, motorcycles and recreational vehicles. While they are not always assets appreciating in value, they are significant assets to many of us who rely on our cars to get to work, school, the grocery store, vacations and anywhere we want to go. As we spend money repairing and improving our cars and trucks, they become worth more to us than their fair market value. To keep our assets protected in the event of a financial emergency, the bankruptcy laws can help us keep our cars and trucks from being repossessed or lost to creditors.

Bankruptcy can stop repossession of your car or truck if you default on your auto loan.

If someone is behind on their auto loan payments, the loan servicer can take swift action to repossess vehicles. Most auto loan contracts contain provisions allowing someone to “cure” their payment default and get their car, truck or RV returned to them, even if it was already repossessed. In many cases the person on the auto loan will receive a notice from the lender that the loan is in default and the vehicle may be repossessed. Bankruptcy can stop repossession. In the event the repo-man is on his way or just recently repossessed a vehicle, the automatic stay provision of the bankruptcy code legally prevents lenders from engaging in collection activities while someone is in bankruptcy, including repossessing vehicles.

If in a bankruptcy, a car loan can be reaffirmed or the car could be exempt and kept if paid off.

In the event someone is in a bankruptcy and the car payment is current, there is an option to sign a reaffirmation agreement with the lender. This simply states that despite being in a Chapter 7 or Chapter 13 bankruptcy, the individual pledges to keep making payments on the vehicle so that the automatic stay provision is not a problem and the lender is assured the bankruptcy will have no adverse affect on the auto loan. If however, the vehicle is paid in full there are bankruptcy code provisions that may allow an individual to keep their vehicle, as opposed to it being sold by the bankruptcy trustee to pay off creditors. The exemption rules allow bankruptcy petitioners to keep a certain amount of value and assets without threat of seizure and sale by the trustee.

Chapter 13 bankruptcy offers additional protections for auto loans and vehicles.

While a Chapter 7 bankruptcy eliminates all dischargeable debts, there are income and financial requirements to meet and not everyone qualifies for Chapter 7. The alternative, Chapter 13 bankruptcy reorganizes debts and allows creditors to get caught up with their obligations over a long period of time, three to five years in many cases. If the car loan is a high interest loan the Chapter 13 bankruptcy process can cause a modification of the loan and reduce the payment or length of the loan. During the Chapter 13 bankruptcy, the individual makes set monthly payments to the bankruptcy trustee who then makes payments to creditors including the holders of the car or truck loan.

The bankruptcy code can be complicated but there are many of its features a bankruptcy attorney can use to help someone keep their car, truck or recreational vehicle.

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start. To keep in touch and read about consumer finance news and stories you can “Like” the firm’s Facebook page and “Follow” Joseph Wrobel. Ltd. on Twitter. If you need immediate legal assistance, please call Joseph Wrobel, Ltd. by calling (312) 781-0996 to talk to an attorney today.

 

 

 

Homeowners keep their home using Chapter 7 or Chapter 13 bankruptcy laws

Falling behind on mortgage payments can lead to foreclosure. When a homeowner is unable to delay the foreclosure through attempts at refinancing or otherwise negotiating additional time to get caught up, such as a forbearance, short sale, or deed in lieu of foreclosure, the mortgage lender will likely begin the legal process to foreclose and sell the home at auction to receive payment towards the loan. If a foreclosed home sells at auction for less than the amount owed, the lender will likely obtain a deficiency judgment and attempt to collect amount from the homeowner as well. Homeowners fall behind on mortgage payments for many reasons, and the bankruptcy laws help the homeowner save their home from foreclosure sale.

Filing a bankruptcy triggers the automatic stay provision, stopping a foreclosure and sale of the home.

Depending on the homeowner’s income and complete financial situation, they may qualify for a Chapter 7 bankruptcy, a full discharge, or a Chapter 13 bankruptcy, to reorganize and catch up on payments, sometimes a partial amount of the debt amount. When the homeowner files a petition for bankruptcy, the “automatic stay” provision of the bankruptcy code stops the foreclosure proceedings. The court automatically issues an order for relief including the automatic stay. If there is a scheduled foreclosure sale, the bankruptcy postpones the date of sale during the bankruptcy.

Chapter 7 and Chapter 13 bankruptcy both offer options for homeowners who want to keep their home.

If homeowners qualify for a Chapter 7 bankruptcy, based on their income and financial status, the bankruptcy and automatic stay will stop the collection of other debt collectors, which can free up more money to catch up on bankruptcy payments. The state exemptions for equity in the home may allow a homeowner to keep the home and the mortgage if there is not too much equity in the home and the payments are brought current. If however, the payments are not brought current, as soon as the bankruptcy terminates, so does the automatic stay, and a lender may proceed with foreclosure on a delinquent mortgage. If however, either the homeowner does not qualify for Chapter 7 or they need more time to catch up on mortgage payments, a Chapter 13 bankruptcy can be a better choice.

A Chapter 13 notice also stops a foreclosure sale and the lender’s collection actions. Chapter 13 allows a homeowner to “cure” a mortgage default by making up the past due payments, spread over several months of the Chapter 13 repayment plan. Many bankruptcy payment plans last between three and up to five years, which allows the homeowner a long period to cure the mortgage default and catch up on the late payments. It is assumed that the homeowner is making the regular monthly mortgage payment during the repayment plan. When other debt collection is stopped by the automatic stay, the homeowner should have more money available to pay the current mortgage and a portion of the past due amount over the period of the repayment plan.

Bankruptcy can eliminate a homeowner’s liability to pay mortgage deficiencies.

If the lender forecloses on a home when the mortgage is default, the court can order the sale of the home. If the homeowner owes more than the proceeds of the sale of the home at auction, the homeowner is responsible for paying the shortfall; however, the bankruptcy laws allow homeowners to eliminate the mortgage deficiency. Both Chapter 7 and Chapter 13 bankruptcies can eliminate liability for a deficiency judgment. The bankruptcy laws are certainly beneficial to homeowners who fall behind on their mortgage and depending on the individual homeowner’s financial situation, a home can be saved. The attorneys at Joseph Wrobel, Ltd. are experienced in all the complex provisions of the bankruptcy code and they can help homeowners get a fresh start, in their home, and with more money to keep current with monthly bills.

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start. To keep in touch and read about consumer finance news and stories you can “Like” the firm’s Facebook page and “Follow” Joseph Wrobel. Ltd. on Twitter. If you need immediate legal assistance, please call Joseph Wrobel, Ltd. by calling (312) 781-0996 to talk to an attorney today.

 

 

The undue hardship test and student loan bankruptcy

The undue hardship test and student loan bankruptcy is an interesting study. While the current outlook for bankruptcy protection extending to public and private student loan debt is bleak, there are people who have successfully obtained partial or full discharges of student debt. The bankruptcy laws have changed over time from more liberally allowing student loan discharge to making it practically impossible. The individuals seeking student debt discharge in bankruptcy must make arguments to the bankruptcy court that they have significant impairments or inabilities to earn enough income to pay their student loan debt that it becomes nearly inescapable and would create an undue hardship on them and their dependents. Some judges appear to be siding more with debtors for seemingly humane reasons, which sounds more like the treatment of student loan debt in bankruptcy in the early 1970s.

Many factors could lead a student to seek a discharge of their student loan debts. A student may not graduate from a program, might not be able to obtain a license to practice their chosen profession, or might become incapacitated and unable to earn income. Should the honest but unfortunate debtor have to lie awake at night worrying about 25 years of debt?

Following a sharp increase in student loan default in the mid-70s, Congress tightened the bankruptcy code.

Prior to a change in the law in 1976, the bankruptcy code allowed for student loan discharge. During the early 1970s, the poor economy and growing rates of federal and private student loan defaults led to Congressional pressure to update the bankruptcy laws to tighten bankruptcy regulations as they applied to student loans. In a recent article highlighting the history of student loan treatment in bankruptcy, it is noted that, “between 1973 and 1975, the number of students filing for bankruptcy had jumped from just under 30 percent to nearly 60 percent.[i]” The 1976 amendment to the bankruptcy code prevented discharge of government student loans during the first five years of repayment. In 1984, an amendment made all private student loans non-dischargeable, but for the narrow exceptions in the bankruptcy code.

The Brunner Test for “undue hardship” sets a high bar for student loan debtors.

In 1987, the “undue hardship” test, known as the Brunner Test, was adopted in the case of Marie Brunner v. New York State Higher Education Services Corp. The three part test requires that student loan debtors must prove all of the following: “(1)that the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her dependents if forced to repay the loans; (2) that 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) whether the debtor made good faith efforts to repay the loans.[ii]” In many cases, the third part of the Brunner Test stops bankruptcy applicants from either receiving a discharge, as many stopped paying or never made payments.

In 2005, following twenty more years of added restrictions, “Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which made it so that no student loan – federal or private – could be discharged in bankruptcy unless the borrower can prove repaying the loan would cause “undue hardship.[iii]” Unless you can prove sever disability, it is incredibly difficult to pass the Brunner Test for undue hardship.

Few bankruptcy filers attempt to have their student loans discharged, but it can happen.

The suggestion in one study however, is that so few people filing for bankruptcies actually try to prove they qualify under the Brunner Test to receive a partial or full discharge. The study by a Harvard researcher in 2007 shows that out of 169,774 bankruptcy filers, in that year only 213 people tried to have their student loans discharged through filing an adversary proceeding. Fifty-one of those filers received a full discharge and 30 received a partial discharge. Eighty-one of 213 filers receiving partial or full discharge give some hope that while unlikely, it is possible that student loan borrowers can obtain relief from student loans under extreme circumstances.[iv]

The Chicago bankruptcy law firm, Joseph Wrobel, Ltd., serves Chicago area individuals seeking a fresh financial start through the laws and protections of the bankruptcy code. There are several options that might be available to clients after one of the Joseph Wrobel, Ltd. experienced bankruptcy attorneys review the client’s complete current financial history.

Joseph Wrobel, Ltd. helps people get control of their finances and a fresh start at financial freedom. The firm’s website contains informative videos about financial issues as well as bankruptcy protection for families who want a fresh start. To keep in touch and read about consumer finance news and stories you can “Like” the firm’s Facebook page and “Follow” Joseph Wrobel. Ltd. on Twitter. If you need immediate legal assistance, please call Joseph Wrobel, Ltd. by calling (312) 781-0996 to talk to an attorney today.

 

[i] Yes Magazine, Think Students Can’t Declare Bankruptcy? Think Again, by Araz Hachadourain, Sept. 23, 2015.

[ii] Janet Rose Roth v. Educational Credit Management Corporation, Bk.No. 09-00317-RJH, Filed Apr. 16, 2013.

[iii] Business Time, Why Can’t You Discharge Student Loans in Bankruptcy, by Kayla Webley, Feb. 09, 2012.

[iv] American Bankruptcy Law Journal, Vol. 86, An Empirical Assessment of Student Loan Discharges and the Undue Hardship Standard, by Jason Iuliano, Sept. 25, 2012 (see p. 505)