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Student loans are difficult, but not impossible, to discharge in bankruptcy. To do so, you must show that payment of the debt “will impose an undue hardship on you and your dependents.”
As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
The government’s collection powers and your options to deal with student loan problems depend on whether you are just delinquent with your payments or whether you are in default. You are in default on most student loans if you fail to make payments for nine months. The entire loan balance becomes due once you default...
A fillable PDF form for a Complaint against a guardian or conservator that may be filed with the court is available here: https://courtselfhelp.idaho.gov/docs/forms/GC_ComplaintForm.pdf.
For other fillable PDF forms related to guardianships or conservatorships, please visit the Court Assistance Office's webpage on Guardianship & Conservatorship: https://courtselfhelp.idaho.gov/Forms/Guardianship.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
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