POZ Community Forums
Main Forums => Living With HIV => Topic started by: activehiv on February 09, 2010, 07:20:23 pm
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I have been unemployed for a year and it has come to the point where bankruptcy is my only option. I've done some research about getting my student loan discharged through chapter 7 bankruptcy and according to the attorney I've talked to and from what I've read on the internet I must have an "undue hardship" reason for an approval of student loan discharge. Has anyone here know if being HIV positive would qualify as an "undue hardship?" Or rather has anyone here filed for bankruptcy and got their student loans discharged successfully? Any help would be great.
On another note, I get my first lab results back tomorrow. For some reason they said something went wrong with my VL test and they need to run the test again. Is this by any chance code for your viral numbers came back really high and we need to run a confirm?
Thanks for reading and the help in advance. active
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Hi Activehiv -
I can't answer the question about the undue hardship and student loans; however, I can tell you that bankrutpty - chapter 7 and 13 do NOT discharge student loans. I initially had filed Chapter 13 and did a repayment plan which included student loans then when I lost my job converted to a Chapter 7 and had debt dissolved -- except student loans. When they kicked back in I was able to get a 6 month unemployment deferment - but now that I am back to working the student loans are back too.
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It just means they need to redo the test most likely the technician screwed something up.
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I'm quite sure someone on here had them discharged but he had to jump through hurdles and I also think he'd gotten approved for disability, so I'm sure that was part of it. I can't remember the person's screen name because they don't post that often, but maybe if you run some words through the search engine you can locate the thread.
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Thanks Phil, Hellraiser, and Miss P! I meet with another bankruptcy attorney next week so we'll see how it goes.
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On another note, I get my first lab results back tomorrow. For some reason they said something went wrong with my VL test and they need to run the test again. Is this by any chance code for your viral numbers came back really high and we need to run a confirm?
Probably not. If yer numbers be high, they'll just return the result and your doctor will decide if a retest is necessary.
It's most likely something went wrong handling the sample (not spun down and chilled within allotted time, contamination, tech sneezed on the machine) and they can't rely on the result.
No biggie.
MtD
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I didn't think gov't backed student loans could be discharged. I know they will actually take your tax returns to get the money. I know several people, including myself, who have kept their loans in forbearance for over a decade. In my case, it has been 15 years. Interest still accrues while in forbearance. You can choose to pay the interest only. You could also get a hardship deferment where interest stops accruing.
I wouldn't worry so much about the vl lab result. My lab has lost my cholesterol numbers and took forever to get my genotype back. Labs can be slow and incompetent. Or, to give them the benefit of the doubt, they just made a mistake.
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I had my loans discharged when I was still in "AID's" diagnosis under 200 and on disabilty. It was pretty straightforward in that my doc signed the forms that the loan company will send similar to the forebearance forms. It didn't take long because the loans had some years as did my diagnosis. ..Poof and my loans were off my credit as having been paid which is a lot better than bankruptcy which still shows on credit 7 years and is still looked down on. Good Luck.
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I just talked to someone I know who is on social security disability. She was able to get her parent-plus student loans discharged--not through bankruptcy but through the loan company and gov't. She did have to get doc statement and I think proof she was on SSDI.
So, you don't have to file bankruptcy to do this as darkerpozz said.
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Active,
I'm sorry to hear that you are having some rough times. Bankruptcy can be an effective way to start over. It should not be your first out, as it does have strings attached. If you are truly broke and really unable to work ( as opposed to unable to find what you like or something that pays well) then it may be a good path. You can get student loans discharged under certain circumstances. Your attorney will need to advise you on this. Bankruptcy is not cheap though, so be prepared to pay for it. Your rights vary from one state to another which is another reason that your attorney can help.
You may also want to check with your local ASO to see what assistance is available.
My one caveat: Think about your choices and their consequences. I know people here in Houston who "ride" assistance because they can. It ultimately hurts others who truly cannot work.
That said, the assistance is there to help. So if you can't work or can't make ends meet than there is help with rent, food, and meds through most ASOs. Most ASO's also have a referral service to help you get free or low-cost legal advice. You might check this too to get an unbiased opinion on bankruptcy.
If it sounds like I'm telling you to think twice about bankruptcy... well I am. It will haunt you for at least 7 years and may make it hard for you to get what you want down the road. On the other hand, if your credit is shot, your broke, and you can't work, and you have creditors calling all the time... than Bankruptcy is a tool to help you start over.
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Active, when I went on SSDI in 1994 (80 lbs and 2 t-cells), I got my student loans forgiven. I don't know if it's the same process now, but back then I got papers from the loan company to have my doctor fill out. When he did that, and sent them back to the loan company, that was it, they were gone.
Of course now I've been back to school, and have acquired more loans. And when one's had loans forgiven, it's a little process to be able to attain them again. I had to have my doctor fill out papers, basically saying I'm able to go to school and find a job, then the school sent them to the loan company.
When my then doctor filled out the papers to get my loans forgiven, the forms proclaimed me permanently and totally disabled, with the cause of my immenent death being Aids. Of course back then, that was what was happening with people with Aids. It may be harder to convince now.