Why would courts care? Student loans are not dischargable, because the student loan creditor lobbied to make sure they get laid. The replacement creditor has not.
Of course, there is no lender who is going to give a an unsecured loan the size of your substantial student debt to someone with said loans and no other assets, for obvious reasons.
You would need to play the long game here. Maybe use a balance transfer with a promotional rate a couple times to kick the can down the road, and then file for bankruptcy.
If this is constituted as a preferential payment, the clawback period is 90 days, if it's considered fraud, it would be longer. However, if someone lets you borrow money unsecured and you use it to pay a non-dischargeable debt, and you can't make the payments on the new debt, that's most likely the new lender's poor judgement.
lonelappde|6 years ago
Of course, there is no lender who is going to give a an unsecured loan the size of your substantial student debt to someone with said loans and no other assets, for obvious reasons.
ceejayoz|6 years ago
Because it's fraud. Taking on big debts you never intend to pay right before a bankruptcy will get you in a lot of trouble.
zaroth|6 years ago
toast0|6 years ago
If this is constituted as a preferential payment, the clawback period is 90 days, if it's considered fraud, it would be longer. However, if someone lets you borrow money unsecured and you use it to pay a non-dischargeable debt, and you can't make the payments on the new debt, that's most likely the new lender's poor judgement.