I have student loans that I have not paid for a few of years now - I also owe collection agencies for past credit card debt. I am back on my feet now and am capable of putting payments towards what I owe. I plan to file chapter 13 since I know that I need to pay back my student loans. I'd like to find out some information as I'm scared about the legality of my situation. 1. I'm scared that since I have not been in contact with my creditors regarding my student loans, I could be in some legal trouble. It has been 3 years since I have had any contact with my creditors. I have earned money in the past year, but have not put any of it towards my debts. What type of legal trouble should I expect? Would I be up for criminal charges? 2. I know this is a broad question, but what sort of legal counsel should I obtain? I currently live in Northern California. Thank you
If most of the CAs and credit card companies have charged off the debts, I would not file BK. BK won't get rid of the student loans anyway. Consolidate the student loans and work out a repayment plan. Then do credit repair on the rest. If the credit card items are many, not very old and you're being hounded, then a BK might be the way to go. A note...getting the debt off your credit report does not stop them from trying to collect it. Only the statute of limitations or bankruptcy will do that.
The credit card items have been charged off since 99/2000, so I guess a BK is not necessary? Won't the collection agencies still come after me? Actually, I have not been contacted by any creditors for a few years now. Thanks for the advice.