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Some of the benefits and advantages of federal student loans is given below. Unlike other forms of consumer debt student loans receive special protections under current laws ranging from collection to bankruptcy. This special status applies not only to the primary borrower (the student) but also to any co-signer on the loan. Student loans are one of the hardest types of debt to shake. Current U.S. bankruptcy law allows a court to discharge these loans in bankruptcy only in the narrowest circumstances. In fact the legal requirements for discharging education loans are so formidable to meet that most bankruptcy attorneys avoid student loan cases altogether. Since so few loan borrowers qualify for bankruptcy discharge under the law the vast majority of loan debt is carried until the borrower repays the loan or dies -- although some non-federal student loans even survive death passing the debt on to the borrowers co-signer.
Defaulted student loans. Your student loans dont have to be new to be eligible - even long-time graduates may be able to qualify for income-based repayment on college loans taken out years ago. But you cant be in default on your loans. To qualify for an income-based repayment plan any federal college loans you have in default will need to be rehabilitated first. Its crunch time for college students trying to secure the money they need for the fall semester. But with lenders continuing to suspend their student loan programs - the count now stands at 131 federal loan lenders and 30 private loan lenders - students may find themselves challenged to locate lenders that are still offering federal or private student loans. In an attempt to help lenders be able to continue making new federal student loans the government included a provision in the Ensuring Continued Access to Student Loans Act signed into law in May aimed at providing capital for cash-strapped lenders.
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Without any special dispensations from the lender private student loans will generally remain in repayment until the note is satisfied or charged off as a default no matter how long the repayment process takes. The Legal Implications of Co-Signing on Student Loans A loan co-signer has all the same legal responsibilities as the primary loan borrower and has a legal obligation to repay the loan debt under the same terms as the primary borrower. The co-signer is really a co-borrower and is equally responsible for repaying the co-signed loans. Unfortunately too many co-borrowers realize this truth very late in the game. If youve co-signed on someones loans and your primary borrower makes all of her or his payments on the loan on time and as planned you may never hear from the lender.