Kingcade Archives - Page 32 of 48

25 Percent of Americans Going into Debt Paying for Daily Living Expenses

Posted on May 31, 2019by Admin

More Americans are struggling to pay for their daily expenses and are using credit cards to pay for basic necessities, according to a recent report by Experian. This reliance on credit cards to pay for necessary living expenses puts consumers even deeper into debt. In fact, the report showed that American consumers carry an average of $6,506 in credit card debt.

Approximately 23 percent of those surveyed said that they struggled with paying for their most basic necessities, including rent, food, and utilities, and had to pay for these expenses with their credit cards. Of those consumers surveyed, 12 percent of them reported paying for medical bills with their credit cards.

It has been reported that the middle-class cost of living is now 30 percent more expensive than it was 20 years ago. The costs for essentially everything has increased over the years. According to the Economic Hardship Reporting Project, the cost of tuition at public universities and housing prices have quadrupled between 1996 and 2016.

Not only has the cost of living increased, but the amount of money Americans have in savings has decreased remarkably. A majority of American consumers say they have less than $1,000 in savings. Additionally, 70 percent of them report that they would not be able to get by if their paycheck was delayed by a week, which has many financial experts concerned.

Not all Americans are using their credit cards to pay for daily expenses, however. Many say that their discretionary spending on non-essential items, including entertainment, travel, and clothing, has led to their credit card balances. It is reported that Americans spend an average of $483 a month on eating out, entertainment, and travel, according to Schwab’s 2019 Modern Wealth report.

The average credit card APR is at an all-time high of 17.73 percent, according to CreditCards.com, which makes paying off large credit card balances, very difficult. With an average balance of $6,354, consumers could potentially be paying on these cards for years, if not decades. In fact, if someone has a credit card balance at this national average with a credit card that charges the average APR, he or she could be paying the minimum payment on that card for over 17 years before it is paid off in full. This scenario only works if the consumer stops using the card and does not add any new charges to the outstanding balance.

People living in the Miami metro area, which includes both Fort Lauderdale and West Palm Beach, carry the second-highest credit card debt balances in the country. As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges. It is not surprising with the high interest rates, unreasonable fees, harassing debt collection calls, penalties and never-ending minimum payments that do not even make a dent in your actual debt. We offer additional tips for eliminating credit card debt on our blog.

Click here to read more on this story.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Credit, Debt Relief

The Dangers of Subprime Auto Loans

Posted on May 30, 2019by Admin

Having a car for most of us is a necessity, especially if someone wants to get a job and maintain employment. However, the purchase of a vehicle can be tricky for those struggling financially. For many car buyers, a subprime auto loan seems like the perfect solution. However, these types of loans are often more trouble than they are worth, and we caution consumers before using them to finance a vehicle purchase.

What Is a Subprime Car Loan?

A subprime auto loan is a loan aimed at borrowers who have lower credit scores to help them purchase a vehicle. They are offered by various lenders, including larger national banks, as well as smaller finance companies. Many subprime car loans are offered through online lenders, appealing to those who need quick financing.

Disadvantages of Subprime Car Loans

Many different downsides exist to using a subprime auto loan to purchase a vehicle, including the following:

High Interest Rates: Because subprime car loans are normally targeted towards borrowers with lower credit scores, they come with higher interest rates. In fact, subprime car loans can have interest rates that are three times what a borrower with good credit would receive. These high interest rates are meant to offset the risk the borrower poses to the lender, but what results is the borrower making higher payments for a longer period of time on a car that is nowhere near the value of the loan owed on it.
Subprime Car Loans Are Expensive: Because of the high interest rates that accompany subprime car loans, the total amount the purchaser ends up paying can be significant. In fact, a large amount of what the purchaser ends up paying on a monthly basis is solely interest that serves as profit for the lender and makes no dent in the principal owed.
Aggressive Debt Collection Tactics: If the purchaser is not able to keep up with payments on the subprime loan, the situation can get ugly very quickly. Some of the less-than-reputable subprime lenders have been known to be quite aggressive when it comes to collecting on a subprime loan. If the loan was obtained through a larger bank, some of these lenders may be willing to work with the borrower on a payment plan, while others will go directly to collections or even repossession of the vehicle. The last thing a borrower with a low credit score needs is a default or collection on his or her credit report, but the high interest rates on these loans can make it very difficult to keep up with payments.
Vehicle Tracking for Repossession: Not every vehicle that has been purchased through a subprime loan comes with this feature, but it is a common practice for subprime auto lenders to use electronic trackers on the cars to make finding the car easier in the event the vehicle is repossessed. Other devices have been known to completely disable the car if a payment is missed or until the lender gets the car back. The problem is the purchaser may not even know this device is on the car until it is too late. If the borrower believes he or she is going to be late on a payment, it is best to let the lender know in the event this device is installed on the vehicle.

Avoiding a Subprime Car Loan

Many different options exist for a borrower who has bad credit and who still needs to purchase a car. One common solution is to find a co-signer with good credit to help get the loan. Another option is to find a second-chance lending program to purchase a car. Many lenders offer these types of programs to their customers who have less than perfect credit. However, not all lenders offer these types of programs.

In the event a borrower has no choice but to accept a subprime car loan, it is recommended that he or she keep up with payments. After a year or so of regular and consistent payments, the borrower may be able to refinance the loan with a better interest rate and loan terms.

Please click here to read more.

Bankruptcy Law, Credit Card Debt, Debt Relief

Debt Consolidation vs. Bankruptcy: The Pros and Cons

Posted on May 29, 2019by Admin

If someone is struggling with large amounts of debt, they may be weighing their options between debt consolidation and bankruptcy. There are positives and negatives to both- but ultimately, it depends on a person’s specific financial situation and life circumstance as to which choice is the right one for him or her.

What is Debt Consolidation?

Debt consolidation involves combining a person’s older debt from various sources into one new debt. This consolidation could be done by taking an unsecured personal loan to pay for the total amount owed or by transferring balances from multiple credit cards into one credit card.

Debt consolidation involves making payment to one lender, oftentimes at a lower interest rate. These are two of its appealing factors. However, we can tell you that debt consolidation rarely provides a long-term solution. Our attorneys have helped many clients who were promised one result from a debt consolidation company only to receive far less, and stuck with the remaining debt.

Here are some of the disadvantages of debt consolidation.

The debt cycle continues: While this option allows the consumer to consolidate multiple sources of debt, it only pays off that debt to combine it into one larger balance. Many consumers make the mistake of utilizing debt consolidation only to continue the cycle of debt.
Delaying the inevitable: Debt consolidation is oftentimes used as a ‘temporary’ fix, only delaying the inevitable. If a person is struggling to pay off various forms of debt, particularly if that debt is medical debt, credit card debt or personal loans- bankruptcy might be a better option, as the consumer would receive a complete discharge of these debts.

Choosing Bankruptcy as an Option.

Depending on an individual’s income and amount of debt, pursuing a Chapter 7 bankruptcy case may be the wisest option to discharge the debt or a Chapter 13 bankruptcy case to reorganize and pay down qualifying debt. One factor to keep in mind is debt consolidation is a big business. It can be successful for some people, but for others, it may not provide the long-term solution the consumer needs. The attorneys at Kingcade Garcia McMaken have helped thousands of people restart, rebuilt and recover through bankruptcy.

Related Resources:

https://studentloanhero.com/featured/debt-consolidation-vs-bankruptcy/

Bankruptcy Law, Credit, Debt Relief, Timothy Kingcade Posts

How to Improve Your Credit After Bankruptcy

Posted on May 28, 2019by Admin

The decision to file for bankruptcy is a tough one to make, but it is often the first step in gaining control of your financial future. A common concern people have when filing for bankruptcy is the effect it will leave on their credit score and their ability to access credit, again. While bankruptcy does affect your credit score, it is sometimes the last resort to rebuild your credit and your life.

In fact, it is oftentimes easier to reestablish your credit after filing for bankruptcy, because you are essentially given a “fresh start.” Here are some quick tips to help rebuild your credit after filing for bankruptcy.

Pay Your Bills on Time. Take full advantage of your financial fresh start. Make consistent and timely payments on all of your bills and any remaining debts moving forward, like your mortgage and car payment. These consistent payments over time will help improve your credit score and re-establish your credit.
Monitor your Credit Report. Make sure and check your reports every few months for errors. Confirm that any negative marks (i.e. – your discharged debts) have been removed.
Use a Secured Credit Card. With a secured credit card, you deposit with the lender an amount equal or nearly equal to the maximum credit line on the card. Unlike with a debit card, your payment history for a secured card is reported to the credit reporting agencies.
Budget. Create a realistic budget for yourself. Review your finances several times per week to ensure you are sticking to your budget.
Set up Auto-pay. Set up automatic payments for your cable, Internet and phone bills, so you do not miss your payment due date. Again, watch your finances closely so that you know when money will be coming out of your account.

There are proven ways to rebuild your credit score after bankruptcy, and our clients are proof!

My credit score said on all three reports 775, I couldn’t believe that I had such a great score before 10 years. Tim for me was the best move I have made for my situation. I have no regrets; I am glad the past is the past. – Bill T.

Hi Tim- I just wanted to send a quick note and thank you and your team for handling my bankruptcy case. It is only a month or two after discharge, and my credit scores are already in the upper 600’s. – C.S.

Source:

https://www.thebalance.com/how-to-improve-your-credit-score-after-bankruptcy-316108

Bankruptcy Law, student loan debt, Student Loans

Senior Student Loan Debt a Growing Trend

Posted on May 24, 2019by Admin

We are all aware of the effects student loan debt has on the Millennial generation, but many are unaware of the effects it has had on the senior population. According to a recent CBS News Report, seniors account for a growing number of student loan borrowers. For seniors who fall behind on their student loan payments, the government can garnish their social security.

According to Forbes data, senior student loan debt has increased 71.5% in the last five years. To date, seniors ages 60 to 69 owe a total of $85.4 billion in student debt. The reasons behind the increase in debt:

Seniors who have taken out loans to go back to school to increase their job prospects;
Seniors who have taken out loans for their children or grandchildren to go to college or graduate school. Parent PLUS loans come with a fixed interest rate of 7.6%

Seniors can see their Social Security benefits garnished at a rate of 15% to pay off student loans in default, according to recent report from AARP. It also notes that in 2015 alone, almost 114,000 student debtors ages 50 and older had some of their Social Security benefits seized to repay overdue federal student loans, which are subject to garnishment. Many of these funds were seized from disability benefits, not Social Security benefits paid out beyond the age of 62.

Some options to consider for anyone struggling with student loan debt (including seniors) include: Income driven repayment plans, graduated payment plans, extended repayment plans or refinancing your student loan debt.

Click here to read more on this story.

For Florida seniors who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

5 Steps to Slow Down the Foreclosure Process in Florida

Posted on May 23, 2019by Admin

Receiving a notice of delinquency in the mail does not automatically mean that you are going to lose your home. Florida has what is called a judicial foreclosure process, which means that every homeowner is entitled to a hearing before the court to determine whether or not the bank is entitled to foreclose. The most important thing to remember is that the homeowner has rights. There are things you can do to slow down the foreclosure process and even keep your home, while getting your financial life back on track.

Educate yourself. Read over everything you have received from the lender, including the mortgage itself. Many notices will contain information on foreclosure prevention options. It is only after you have not paid your mortgage for a period of 90 days that foreclosure proceedings will start. Remember, Florida is a judicial foreclosure state, meaning the lender must file a lawsuit against you before moving forward with the proceedings.
Contact your lender. The lender will likely be willing to work with you as the foreclosure process can be lengthy and costly in Florida. There are different options they may extend to you, which include: refinancing, a repayment plan, forbearance or a loan modification.
Contact a HUD approved housing counselor. There are federally funded agencies in each state that work with a variety of lenders to secure affordable repayment options for struggling homeowners. But with this option, beware that there are many non-legitimate companies looking to scam borrowers. Research these options carefully and use caution. Make sure you are working with a free, federally approved agency.
Consider doing a short sale. If you do not see yourself being able to repay your mortgage with a loan modification or repayment plan, a short sale may be a good option.
Consider filing for bankruptcy. Filing for bankruptcy will not only eliminate your unsecured debt, but as soon as you file for bankruptcy an “automatic stay” goes into effect, which stops all collection attempts and halts the foreclosure process.

Click HERE to read more on this story.

Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Top 10 Tips for Negotiating with Creditors

Posted on May 21, 2019by Admin

At Kingcade Garcia McMaken, our No. 1 piece of advice to those struggling with debt is to be honest with creditors. If you are unable to make a payment, do not make a promise to pay and never provide a creditor with your debit card or bank account information.

In our latest blog, we have some tips for negotiating with creditors.

Keep Your Story Straight and Stick to the Facts

One important fact to keep in mind is that the person on the other end of the phone line is not your friend. Many individuals will try to get them to understand the personal details of how they got into their situation. It is important to tell the creditor or debt collector that you are going through a financial hardship and are working to get back on track. Keep to the facts and be honest with creditors. If you are unable to pay, tell them that.

Take Notes of Your Conversation

Whenever you speak with a creditor or debt collector, take notes of what is discussed. Be sure to write down the name of the person on the other end of the line, the time of day and date when the discussion occurred, write down what was discussed, and any statements made from the collector. This information may be needed later if the creditor or debt collector disputes the conversation.

Ask Questions

Never take what a debt collector or creditor says as the gospel truth, believing everything that is said. Many times, creditors or collectors will say just about anything to get someone scared enough to pay on the debt. Under the Fair Debt Collection Practices Act (FDCPA), you have rights as a consumer.

Do Not Argue

While asking questions can be a good thing, it is important to remain calm when talking to the creditor or collector. Losing your temper is never productive. Collectors are skilled at pushing a person’s buttons to get them to react, but it is important that you not let them push you too far. If you get to the point where you feel like you will lose your cool, the best thing to do is tell the collector you will be ending the call, hang up and return to the conversation later.

Save All Written Communications

It is likely that creditors or debt collectors will communicate via U.S. mail, in addition to telephone communication. It is imperative that all correspondence be opened and not ignored. Keep track of any mail received from the creditors and save it in a file for later use.

Be Aware of Your Budget

Before making any plan with a creditor or collector, make sure that a budget is prepared, outlining just how much money could go towards paying that specific debt. The last thing a person wants to do is agree to a payment plan or a set amount only to find out later that the amount that was agreed-upon is not actually realistic. Do this before opening any lines of negotiation with creditors.

Try to Negotiate Directly with the Creditors

If it is at all possible, try to work out a payment agreement with the creditor first before the matter is turned over to collections. After that point, you will be forced to deal directly with the debt collector and not the original creditor. Once the account is sent to collections, your credit score will take a significant hit, and that drop in your credit score can be even worse the longer the account stays in collections.

Get Any Agreement in Writing

When negotiating on the debt, whenever an agreement is reached, it is important that the agreement be memorialized in writing. This rule applies to a payment plan or an agreed debt settlement. Before any money changes hands, get the agreement in writing first. Otherwise, if the collector changes the terms of what was originally discussed, it ends up being a matter of your word against theirs.

Seek Assistance If Necessary

Negotiating with collectors or creditors is not easy by any means. Many times, it helps to call in the professionals to do the negotiations for you. Credit counseling agencies can help you work out an agreement with your creditors or with collectors, but it is important that you do your research first before choosing a credit counselor. Additionally, if a collector is being particularly persistent, it can help to seek the assistance of a bankruptcy attorney in fielding these calls and working out agreements on the amount owed.

Determine if the Debt Should Be Paid

If the person is struggling to pay on multiple unsecured debts, including credit cards, personal loans and medical debt, bankruptcy may be the best option for that person in the end. It never pays to leave the debt unpaid for too long. Once the debt goes into collection and even further into a judgment, that person’s wages can be garnished to pay the debt. Having a debt go into collections can adversely affect a person’s credit score. If the end result will be that the person files for bankruptcy, it may be advisable to talk with a bankruptcy attorney before entering into any payment plan and discussing which option would be best in the long run for that person.

Source:

https://www.credit.com/debt/ten-tips-for-negotiating-with-creditors/

Bankruptcy Law, Timothy Kingcade Posts

How Will Filing for Bankruptcy Affect My Children?

Posted on May 20, 2019by Admin

It is a common concern of parents filing for bankruptcy. In this blog, we will address common bankruptcy concerns involving children, including: What happens to children’s bank accounts and 529 educational savings accounts in bankruptcy? Will I be able to take out student loans for my child after filing for bankruptcy? Will my child lose property? What happens to child support obligations in bankruptcy?

Your Child’s Property

Technically, any property in your home is yours and not your child’s. This includes your child’s furniture, toys and clothing, even though they may have been gifted directly to the child. If the child paid for a piece of property from his or her own money and this fact can be proven, the property is the child’s exclusively.

The good news is this property is an expemption, allowing it to be protected in the bankruptcy. If the filer is proceeding with a Chapter 13 bankruptcy case, the bankruptcy filer will get to keep all personal property. In a Chapter 7 bankruptcy case, the filer can keep up to $1,000 in personal property under Florida’s bankruptcy exemptions, which includes household furnishings and clothing. If the amount exceeds the $1,000 limit, the bankruptcy trustee will normally not look to sell this property to pay off debts unless the property is extremely valuable.

Bank Accounts

Many parents open up bank accounts and hold them in trust for their children. The good news is these accounts are protected in bankruptcy. Under the Uniform Gifts to Minors Act, money in a child’s bank account is not considered your money, meaning you, as the parent, are holding this money in trust for your child. Therefore, neither the bankruptcy trustee nor the creditors will be able to access this money. However, filers should be cautious when transferring large amount of money into the child’s account right before filing for bankruptcy.

529 College Accounts

Many parents also put money away into education savings accounts under section 529 of the Internal Revenue Code (IRC) to help give their children a head start in saving for college. This section of the IRC also offers tax advantages, as well as creditor protection, which is another reason why so many parents take advantage of it. The federal bankruptcy code specifically excludes 529 funds from being lumped as part of the bankruptcy estate. However, for this money to be protected, the beneficiary must be the filer’s child, stepchild, grandchild or step-grandchild. Also, the court will look at the timing of when deposits were made into the account. Deposits that are made within 365 days before filing for bankruptcy are not protected. If a deposit is made anywhere between 365 and 720 days before filing for bankruptcy, the filer can exempt up to $6,225 per beneficiary. Anything that was deposited more than 720 days before filing for bankruptcy is exempt and protected from bankruptcy creditors.

Financial Aid

Another piece of good news is the fact that filing for bankruptcy will not hurt your child’s ability to qualify for financial aid for college, including Pell Grants and Stafford Loans. The parent, however, will be disqualified from receiving any credit-based financial aid, including a Parental Loan for Undergraduate Students (PLUS) loan if the parent declared bankruptcy within the past five years. If that does happen, the filer’s child will qualify for an increased amount of unsubsidized Stafford loans.

Child Support Payments

One important fact to know about child support and bankruptcy is that child support obligations are non-dischargeable in a bankruptcy case. Therefore, if the filer owes a large amount in back child support, this debt is considered priority debt and is paid first from the liquidated assets in a bankruptcy case. Child support payments must also be paid during a Chapter 13 bankruptcy repayment plan. In fact, a bankruptcy court will not grant a discharge in a Chapter 13 case if the person is not current on his or her post-filing child support payments. Child support income is also protected in a bankruptcy case, if the filer is the parent receiving the child support, since that money is meant for the support and well-being of the child.

Related Resources:

https://www.thebankruptcysite.org/resources/bankruptcy/filing-bankruptcy/how-does-filing-personal-bankruptcy-affect-my-children

https://www.nolo.com/legal-encyclopedia/florida-bankruptcy-exemptions-property-assets-bankruptcy.html

Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Protections of the Bankruptcy Automatic Stay

Posted on May 17, 2019by Admin

One of the best tools available to bankruptcy filers is the automatic stay. When a person files for bankruptcy, the court will issue an order called an automatic stay. This puts an immediate stop to collection attempts, creditor harassment, along with any civil lawsuits filed against the person pursuing bankruptcy.

The automatic stay also provides some much-needed relief to filers who are likely facing a number of different stressors and collection actions at once. It allows the person to be freed from those conflicts so that he or she can work with the bankruptcy trustee on the best method to deal with creditors.

Benefits of the Automatic Stay

Many times, someone going through a difficult financial situation may find himself or herself at the point where he or she is on the brink of losing the most basic of living necessities. If someone is behind on their utility bill and could potentially lose water, electric or gas, the automatic stay will give that person an additional number of days to work out the situation and hopefully avoid their utility from being shut off.

The same applies for someone facing foreclosure. The automatic stay will put an immediate halt to the proceedings. If the filer rents his or her home and is facing eviction proceedings, the automatic stay may also provide some temporary relief. If the person’s landlord already has a judgment of possession against the renter when bankruptcy is filed, however, the automatic stay will not be able to help him or her from being evicted. If it has not gotten to that point in the eviction proceeding, the automatic stay will be able to put a temporary halt to the eviction so that the person can figure out his or her next step rather than being tossed out immediately.

Many filers also find themselves facing wage garnishment by the time they decide to file for bankruptcy. A bankruptcy petition will put a stop to most garnishments, although not all, specifically child support or alimony. Other garnishments for debts that would be able to be discharged in bankruptcy, such as personal loans or credit card debt, can be stopped and will likely end up being discharged at the end of the proceedings.

The key with an automatic stay is it provides relief to the filer who is likely feeling a great deal of stress at the time of filing. As a consumer, you have rights if the creditor does not follow the proper procedure and violates the automatic stay. Any violation should be immediately reported to your attorney, as well as the bankruptcy court. Depending on the violation and the behavior of the creditor, he or she may face fines, and severe penalties for the violation.

Source: https://www.nolo.com/legal-encyclopedia/how-bankruptcy-stops-creditors-automatic-29723.html

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

Possible Changes Ahead for Student Loan Debt in Bankruptcy

Posted on May 16, 2019by Admin

Student loans have traditionally been very difficult for borrowers to discharge in bankruptcy, but this fact may soon change with legislation proposed this week in the U.S. Senate. Lawmakers have introduced a bill that would make it easier for student loan borrowers to cancel their debt in bankruptcy. The measure has been titled the “Student Borrower Bankruptcy Relief Act of 2019” and has the support of 14 Democrats, one Republican, and one Independent Senator.

This legislation marks the first time that the Senate has proposed giving student borrowers the ability to discharge their federal student loans.

The average student will end up taking out $33,310 in 2018 to attend college, according to data from the Institute for College Access & Success. The total amount of student loan debt in the country is approximately $1.5 trillion. It is estimated that the country’s student loan balance will reach $2 trillion by 2022. Financial experts believe that a significant portion of the total debt will never end up being repaid. In fact, more than one-fourth of all student loan borrowers are either in delinquency on their student loan debts or are in default.

For people carrying federal or private student loans, their debts can only be discharged in a bankruptcy case if they can prove that the loans pose an undue hardship. However, no definite test has ever been given on what qualifies as an undue hardship, leaving it as a matter of interpretation for the bankruptcy judge to decide.

Student loan advocates have called for Congress to force the U.S. Department of Education to establish clear rules on when student loan debt can be discharged in bankruptcy. Many argue that the interpretation of what is an undue hardship depends on that specific judge’s interpretation of the law, which can be very unfair to the borrower if the judge hearing his or her case happens to be tough on discharging certain debts.

By making it easier to discharge student loan debt in bankruptcy, it is a distinct possibility that lenders will be more willing to work with a borrower who is struggling to pay on his or her loans. If the borrower is not able to work out a payment plan with the lender, he or she should then have the option to discharge that debt just as easily as other debts in a bankruptcy case and receive a fresh financial start.

Click here to read more on this story.

Source:

https://www.wsj.com/articles/lawmakers-plan-would-let-borrowers-cancel-student-loans-in-bankruptcy-11557440856