Bankruptcy and Student Loan Debt Legal Services

CHAPTER 13 BANKRUPTCY

For people who do not qualify for chapter 7 due to having a higher income or for who special protection is needed, chapter 13 provides a process to make payments over time without being bothered by your creditors. This includes taxes, back support debts, and student loans. In addition, if you are in foreclosure on your house, chapter 13 will stop the process and give you time to pay the back amounts due. If a car has already been repossessed, chapter 13 may allow recovery of the car. In some cases, you can even reduce the amount you have to pay to keep your car. Also, even if you have previously filed a chapter 7, you can almost always file a chapter 13 afterward.

STUDENT LOANS 

While many people think that student loan debt cannot be dealt with, there is hope for almost everyone. There are many options available. These options will depend on whether your loans are federal or private or both. Many repayment programs are available for federal loans, as well as some programs for total loan forgiveness. There are situations in which you may have a defense to repayment based on the school you attended. Even private loans can be dealt with in many situations. If these options do not work, a hardship discharge in bankruptcy court is sometimes possible. Our goal is to give you the confidence that you have pursued the best option, and clarity about the process.

TAXES

Like student loans, many people think there is no hope and nothing can be done. The sooner you see an attorney, the better, but even if the IRS or the State of Oregon is garnishing you, it can be stopped. If you get in sooner it is possible to arrange repayment programs or settlement offers. If your tax debt is old enough, it may be discharged by a chapter 7 bankruptcy. Even if it cannot be discharged by a chapter 7 bankruptcy, a chapter 13 bankruptcy in most cases will allow repayment without penalties or further interest.

MORTGAGE FORECLOSURES

If you think you are too far behind in your mortgage to ever catch up, or a foreclosure has been started against you chapter 13 bankruptcy will allow you up to 5 years to cure the problem. This may be just making up the missed payments, a loan modification, or a sale or refinance of your house. Our office can provide help with a loan modification or representation at the state-mandated foreclosure avoidance mediation conference.

COLLECTIONS

If you have debt problems and for some reason are not able to or do not wish to file bankruptcy, our office assists in dealing with your creditors to make payment arrangements. If you have been sued, we can discuss the defense of the case in court or settlement of the lawsuit. Many times all that is necessary is for you to know your rights and to verify that the creditors cannot collect money from you.