STUDENT LOANS AND BR

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pm.e

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Post by pm.e » Sat Sep 08, 2007 1:04 pm
Hello,

My wife is now thinking of BR, but she has no income, no benefits.

My understanding is that BR does not take into account Student loans, so my question is how will this be dealt with by the OR?

Surely, no income, no benefits means that she cant pay the money back?

Any help would be appreciated.

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MelanieGiles

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Post by MelanieGiles » Sat Sep 08, 2007 1:30 pm
The OR will not be able to deal with the Student Loan inside the bankruptcy, and your wife will still have to repay the loan once she starts working and earning over the repayment threshold. In the meantime interest will continue to accrue on the loan.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Regards, Melanie Giles, Insolvency Practitioner
 
 

pm.e

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Post by pm.e » Sat Sep 08, 2007 1:53 pm
Thanks Melanie,

Is it possible to offer a full and final settlement offer via a third party or will the whole debt be needed to be paid off?

many thanks,
 
 

MelanieGiles

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Post by MelanieGiles » Sat Sep 08, 2007 3:13 pm
You can offer - but I doubt it will be accepted. Student Loans told my office the other week that they would not accept an IVA unless the dividend was 80p in the £, so that might give you some form of marker.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Adam Davies

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Post by Adam Davies » Sat Sep 08, 2007 4:37 pm
Hi
I have to say that it,s strange that student loans can,t be included in bankruptcy.What is the thinking behind it ??
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MelanieGiles

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Post by MelanieGiles » Sat Sep 08, 2007 4:39 pm
It's formal legislation Andy - ie an Act of Parliament. The same relates to CSA arrears and fines.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
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lily

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Post by lily » Sat Sep 08, 2007 4:54 pm
I read somewhere that its to stop people from running up huge student debts whilst qualifying and then declaring bankruptcy, once qualified. So you can see the reasoning behind it.

lily
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