I have student loans from the government and car loan.. and couple other accounts collection agency and a judgement lien on private student loan. i just can afford my car payment and current student loan. if i file for bankruptcy how long will it take? and after do i have to wait 7 years before getting new credit line started. i want to start fresh ,. i was young and naive, please tell me the steps.
It is not really possible to answer for your specific situation, I encourage you to contact an attorney in your area today today to get an understanding of all that is involved. I have had cases where we were filed within days of first meeting, others take much longer.
As far as the student loans, they are generally not discharged by a bankruptcy filing, but you may find other forms of relief available. Find an attorney using the TAB above. More information about student loans in on the link below.
The place to get the steps is a lawyer in your area who can review all the facts. This is not the place to guide you through every step of a case. Your lawyer will no doubt review the fact that all student loans are generally non-dischargeable -- not just current ones so you won't likely get a complete "fresh start" "Young and naive" is a common reason for debt, but a legal defense. Since we know nothing about your debts or circumstances, make some appointments with lawyers.
usually takes 3-4 months. you don't have to wait 7 years. Often credit card companies would send you offers a week or two after your case is over.
Repaying your car loan will help rebuild your credit.
I agree with what the other attorneys have already said. First you should be aware that there is almost no chance that your student loans will be discharged. The hardship standards for a discharge of student loan debt are extraordinarily high and almost no debtor can get that relief. As for your car loan, we need to know more facts, such as whether you need to keep the car or you will be returning the car to the lender. There are other very important and case-by-case specific questions that you will need to address with an attorney. There is an attorney finder list on the National Association of Consumer Bankruptcy Attorneys ("NACBA") website that will probably be helpful to you. Most bankruptcy attorneys offer a free initial consultation so you are just investing the time to prepare for the meeting and attend the meeting to see what appropriate options are available to you.
With regard to how much time a bankruptcy proceeding takes, it can vary from four months up to five years. It depends on the type of bankruptcy proceeding that is appropriate for you.
With regard to when you can start rebuilding your credit, there is no limitation on that. You should start doing the work to rebuild your credit as soon as your bankruptcy case is filed. When you will be eligible for good credit lines will really depend on how well you do with staying current on new debt after your bankruptcy case is filed. It is true that a bankruptcy filing stays on your credit report for about 10 years. It is also true that you can only file for certain types of bankruptcy relief once every eight years. However those thresholds do not necessarily control when you will be eligible for new credit.
I hope this helps and best of luck with your situation.
Karina Lucid
First, I always am very disappointed when an attorney states that student loans are not dischargeable in bankruptcy. Why? The law says they ARE dischargeable if you prove undue hardship. Click on the blog on student loans on my website and you will see about 30 plus lawsuits I have filed in bankruptcy court and the results! Now, it may be harder in different jurisdictions I will grant that. But I know you will NEVER discharge them if you don't try. Also, you cannot settle them if you don't sue to discharge either! Now, my own advise is (1) find an attorney in your area who has actually litigated student loans ..99% of bankruptcy attorneys have NEVER Litigated one but still advise you w/o knowing what is required in such a case. They may be right on a judge rarely granting them in your area though. (2) THIS IS IMPORTANT: GOOGLE "RECENT PROPOSED BANKRUPTCY STUDENT LOAN DISCHARGE LAW CHANGES" or something to that affect. If there is NO reason for you to file yet..DONT>>> I expect as some point the laws to change with respect to the private student loan discharge..it might take 2 years..but the law in effect on the date of filing governs. Otherwise, do NOT miss out on the fact that you can file another bankruptcy again..and the law in effect on the next filing will govern the student loan issues in it..even if you are not discharging in the present case! Finally, if you had any thoughts on moving, move into a state where the judges rulings are more favorable and wait 91 days so you have jurisidiction in that state to file.. Good luck. NO Attorney should state you can never discharge student loans as that is not what the bankruptcy code states and someone whom the judge in your area might grant such a discharge may be misled by such a blanket statement!
From beginning to end a Ch 7 takes about 3-4 months. But the important date is the filing date. That is when the case becomes active and all collection action must end. It is extremely difficult to discharge student loans. Most of my clients begin to improve their credit almost immediately, and certainly after 24 months.
Student loans are generally not discharagle but there are some limited exceptions, so you may want to consult with an attorney. The collection agency and judgment can be discharged. The answer to your question depends upon the action that you take. Once all of the documentation has been provided and the retainer paid, it takes a few days generally to draft, you need to sign the petition and then it is filed. Once filed, no creditors can take any action against you. The next step is a Section 341 meeting a few weeks later, and then if your case is in order, there is nothing left to do but wait for your discharge papers. It is the filing date that is important since that is the date after which creditors cannot attach your bank account or garnish your wages. I hope that answers your question.