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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 11-29-2005, 09:05 AM
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Join Date: Nov 2005
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How calculate "undue hardship" to repay student loans


What is the name of your state?What is the name of your state? Maine

I need to know how they determine if repaying a student loan is an "undue hardship". I get SSDI and have a part time minimum wage type job - my psychiatrist considers me permanently disabled so we don't expect me to ever make more than I do now. The loans have been consolidated and been in disability, and more recently, economic hardship deferment for 5+ years already.
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Old 11-29-2005, 10:22 AM
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Join Date: Mar 2005
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If you are on disability, and your doc says you will not ever improve, then you do not need to do this through bankruptcy. Check online at their website, or call the loan guarantor, they have their own forms that you can fill out to have these discharged due to permanent disability. Then you do not need to worry about proving undue hardship, just the proof from your doctor that you will never be able to work again.

Once you turn in the forms, you will have a 3 year waiting period, during which all collection activity, and payment expectations will cease, after the 3 years is up, and they are sure that you cannot ever improve or work again, they will cancel them out permanently.
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