Eliminating Student Loans in Bankruptcy & More| Live Q&A with Arizona Attorney John Skiba | Summary and Q&A

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March 10, 2023
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Consumer Warrior
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Eliminating Student Loans in Bankruptcy & More| Live Q&A with Arizona Attorney John Skiba

TL;DR

Attorney John Skiba answers viewer questions on debt collection and bankruptcy, providing tips and resources to help individuals with debt problems.

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Key Insights

  • 👮 Filing for bankruptcy can help individuals struggling with debt, but it is important to take specific action and seek guidance from an attorney specialized in bankruptcy law.
  • 🍵 Initiating arbitration can be an effective strategy for handling debt collection lawsuits.
  • 🧑‍🎓 Recent changes in the bankruptcy code have made it easier to discharge student loans.
  • 🖤 Dismissal hearings can be requested if there has been a lack of progress in the case.
  • 🍉 It is crucial to review loan agreements for arbitration clauses and understand the terms.
  • 💼 Bankruptcy cases can proceed even if the individual moves to a different state.
  • 🧑‍⚖️ The final decision on bankruptcy discharge is made by the judge.

Transcript

hey everybody and welcome to Thursday night hey everybody John skiba here from the consumer Warrior YouTube channel and it's Thursday night once again uh we're here live on the YouTube channel going over your questions related to debt collection bankruptcy and all those other horrible things out there um so we do this each and every Thursday night ... Read More

Questions & Answers

Q: What should I do if the plaintiff fails to initiate arbitration after it was granted?

If the court ordered arbitration and the plaintiff fails to initiate it, you can go ahead and initiate the arbitration yourself. Notify the court about your action and proceed accordingly.

Q: Can student loans be discharged in bankruptcy through an adversary proceeding?

It is possible to discharge student loans in bankruptcy by filing an adversary proceeding. Recent changes have made it easier to meet the criteria for discharge, and it is recommended to consult an attorney for guidance specific to your situation.

Q: Can personal loans have an arbitration clause?

Personal loans can have arbitration clauses, which is typically mentioned in the fine print of the loan agreement. It is important to carefully review the terms to determine if arbitration is included.

Q: What can I expect at a court dismissal hearing scheduled after no movement from the plaintiff for a year?

A court dismissal hearing typically occurs when there has been no progress in the case for a significant period. You can request the dismissal of the case for failure to prosecute, or the court may dismiss it without prejudice, allowing it to be refiled.

Summary & Key Takeaways

  • Attorney John Skiba helps individuals dealing with debt collection and bankruptcy issues in Arizona.

  • He offers tips, resources, and strategies to tackle debt problems effectively.

  • Skiba emphasizes the importance of taking specific action on debt issues to prevent them from worsening.

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