Bankruptcy Won’t Erase Student Loans
Q I have made a mess of my life and am facing financial ruin. I am thinking of filing bankruptcy in order to try to start over again. One of my creditors is the government, for student loans. Since the government makes the laws, would I be too crazy to think that I won’t be able to get out of my student loans? I just don’t know how I can pay--I don’t even have enough to live on.
BW,
Orange
A The law generally provides that student loans are not discharged by bankruptcy except under certain conditions. One of them is if payment would impose an undue hardship on a debtor and dependents.
The court must determine what is undue hardship. Undue hardship is normally shown when a debtor’s financial resources in the foreseeable future will not be sufficient for support at subsistence or poverty level standard of living while making payments. The debtor must show that he is, in good faith, minimizing expenses while maximizing resources through education and employment efforts.
As with everything dealing with the law, every case may have its own set of unique circumstances that a general statement of the law may not address. You should always consult an attorney for advice in your situation.
Q I just received my driver’s license renewal form. As usual, it came with one of those organ donor cards.
I would be interested in filling out the card and donating my organs, but it’s a little scary to think about dying and being cut up. Can you tell me about the law?
TI,
Fullerton
A The Uniform Anatomical Gift Act provides that any individual of “sound mind and 18 years or older” may give all or part of his or her body upon death. Other persons, normally certain relatives such as a spouse, adult child or parent, may also authorize the gift as long as the descendant has not indicated otherwise.
You may revoke the gift at any time by a signed statement; an oral statement made in the presence of two people; any form of communication during a terminal illness to a physician; or, in cases where you have specified the donee, a signed statement to that donee.
The Department of Motor Vehicles is required to provide the necessary forms for making a gift and must make available pamphlets providing detailed information on this subject. You must sign the form for the gift to be valid. If you are unable to sign, the form may be signed by another individual and two witnesses. All three people must sign at your direction and in your and each other’s presence.
If this form is attached to your driver’s license, revocation, expiration or cancellation of your license does not invalidate your gift.
Please contact your local DMV for more information.
Q I am the owner of a storage facility where people can rent space to store their things. I have had a couple of spaces where the rent has been long past due. I’d like to clean out the spaces and get rid of the stuff inside. Am I asking for trouble?
CD,
Irvine
A The law generally provides that owners of facilities who rent individual storage space for personal property may have a lien on such property if the rent has not been paid for 14 consecutive days. Rental of a garage or other storage area in a private residence is not covered by this law.
To obtain this lien, you must follow certain procedures that include notice to the renter that the lien will occur unless rental payment has been made. If the rent is not paid, you may sell the property and apply it to the rent, but only after again notifying the owner of the date and details of the sale.
All of this can be quite complex, and you should consult an attorney before attempting to collect your rent in this fashion.
B. Tam Nomoto, an Orange County Municipal Court judge, answers readers’ questions about the law. Ask the Judge runs every other Saturday in Orange County Life. Got a question for Judge Nomoto? Write to: Ask the Judge, Orange County Life, The Times, 1375 Sunflower Ave., Costa Mesa, Calif. 92626. Questions of broadest interest will be answered in her column.
