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How to get rid of my student debt?
Anonymous4 views4 answers
I registered for college, but later found out I will not be attending. So I call the college to tell them I will not be attending and still got charged for classes.
This student loan debt is not going to be dischargeable in Bankruptcy. You really need to contact the school and see if they can work something out with you. This question is really beyond the scope of this forum and you need to retain local counsel. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
There are two separate issues here. First, did you pay with student loan funds or did you pay in some other form (e.g.; a personal check)? If you took out a loan, some student loan debt can be discharged in bankruptcy, but it is a fact-specific inquiry. If you are in New York, for example, recent rulings indicate that private student loan debt is dischargeable in bankruptcy. For government student loans, you need to satisfy what's called the "undue hardship" standard - a difficult but not impossible standard which requires you to establish that requiring you to repay the student loans will cause you to live below any reasonable standard of living. If you paid by a personal check, and the institution already has the money, there's likely no way to get it back. If that's the case, you should look at their deadlines for cancelling. If you can't find them on the school's website, ask for a copy and they will provide it. See if you missed the deadline to withdraw/cancel or not. If you did, then as counsel above notes you are likely out of luck. But it's worth checking.
I hope you are not out too much money - good luck!
If you failed to comply with the deadlines for withdrawing and you got stuck with the charges your only practical option is to pay what is owed. Most institutions have well publicize deadlines for dropping/withdrawing etc.