Boston, NY Bankruptcy Law Firms & Lawyers

Student loans, whether private or federal, are not discharged in any bankruptcy unless you have trial to determine that you meet the special circumstances justifying discharge. A chapter 13 bankruptcy will give you some temporary relief from the student loan creditors collecting against you, but unless the loans are paid in full before you complete your chapter 13 or your daughter can keep current on the payments, you will be facing collection again when your bankruptcy is finished. You should speak with an attorney who is familiar with student loan issues if that is you major debt concern.

Suing the tenant will probably do you know good, if he really files for bankruptcy. If you get a judgment against him, and he firehouse with in 90 days after that, your judgment could be voided. Similarly, if you collect anything from the tenant at least if you collect more than $600 with in those 90 days, you will have received what's called a preference, and the bankruptcy trustee can demand it back. Of course, many people threaten to file a bankruptcy, in the expectation that the news will deter creditors from suing them. So I guess you need to balance your need for payment, the amount you are likely to collect, and the expense of a legal action.