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Bankruptcy and the College Student

Filing for a chapter 13 while still in college...

By T. McSpadden, published Sep 11, 2005
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My first year of college was exciting and new, a chance to meet new people and broaden my horizons. It was also a chance for me to get into more debt than I could possibly imagine. By the end of my sophomore year of college I owed over $15,000 in credit card debt and had no idea of how I was ever going to pay it all back. At the time I was employed full time, but the money I earned every week was barely enough to keep me fed, in my apartment, and current on my many charge accounts.

Overwhelmed, I went to my father for advice and, after looking at all of my bills, he recommended I file for bankruptcy. When he mentioned the big �B' word to me I felt as though I had fallen into a deep, dark, abyss. To me bankruptcy meant you were a financial failure but when I shared this opinion with my father he laughed at me. As it turned out my father filed for bankruptcy many years earlier when I was to young to understand. This shocked me because my father was, and still is, a very successful businessman.

Once I got comfortable with the idea of filing for bankruptcy my father helped me through the process. The first thing we had to do was find a good attorney. I looked on the Internet and through the yellow pages for local attorney's that specialized in bankruptcy cases. While there were many attorneys that handled a variety of cases my father insisted we find one that specialized in bankruptcy because they would be more up to date on current laws and filing procedures.

After compiling a list I contacted 10 offices to set up consultations. Since I was young (only 19) at the time two law offices didn't take me seriously at all, one receptionist hung up in my face. Three more seemed eager to have me agree to use their offices before even meeting me face to face, they were a bit to desperate for business in my opinion at least. So out of the ten offices contacted I ended up going to meet with five attorneys.

Takeaways
  • Consult many attorney's before choosing one.
  • Choose a lawyer that specializes in bankruptcy.
  • Bankruptcy attorney's will need copies off all current bills associated with the proceeding.
Did You Know?
Chapter 13 bankruptcy is filed when one can afford to pay back their creditors over time.
Comments
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Posted on 04/19/2008 at 8:04:38 PM

 
I'm in a similar situation as the author mentioned above; however, it's regarding student loans. I'm in debt for over $60,000 in student loans. Although my payments haven't started, my credit score is ridiculously low. (My credit score was ruined by a credit card debt which I paid AFTER I was sent to collections.) I was considering obtaining a consolidation loan (for my student loans) so I can pay my debts; however, I don't think I'll even obtain a loan without a credit-worthy co-signer. I don't want to use a co-signer. Here's my question: How poorly would declaring bankruptcy on my student loans effect my credit score? is it the same as declaring bankruptcy on credit cards or is the effect more severe? Which is more detrimental: declaring bankruptcy on student loans or declaring bankruptcy on a consolidated loan? Why?

Posted on 03/28/2008 at 6:03:22 AM

 
great article. t hanks for sharing!

Posted on 02/18/2008 at 5:02:34 PM

 
Thank you for your story, I just filed at the age of 30, I should have filed at 23 when I graduated college, but I felt like it was a shameful thing to do. Had I just sucked up my pride, I would be done with all this by now.

Posted on 07/30/2007 at 12:07:00 PM

 
Hey, I am in a similar situation right now. I am wondering if you tried to get any student loans after filing? I still have a year of school left, and I am very concerned with how I am going to pay for it.

Posted on 01/21/2007 at 10:01:00 PM

 
Ok "Credit Cards Suck" you are a jerk. I am a college junior looking at having to file bankruptcy. Was I unprepared? No. Do I understand credit? yes. So why do I need to file bankruptcy? Because I was generous with family and cosigned against my good credit to help them with basic utilities. Which gave them access to my social. Which they abused. Since the credit bureaus refuse to remove the debt and the collection agencies refuse to admit it is not my signature, and I cannot pay the debt, I have to file. You judge too quickly.

Posted on 10/13/2006 at 11:10:00 AM

 
Why so harsh? She is only sharing an experience that a lot of college students get themselves into with credit cards. You may not agree, but her story may help someone that is in a similiar situation who may or may not have come a middle class family class.

Posted on 09/26/2006 at 9:09:00 PM

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