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Mercado & Hartung, PLLC | Christopher J. Mercado
Generally yes, student loans are not dischargeable
Answer Applies to: Washington
Replied: 7/14/2011
Bird & VanDyke, Inc. | David VanDyke
Genearlly student loans are NOT dischargeable in bankruptcy. So yes they probably will be able to collect on them after bankruptcy.
Answer Applies to: California
Replied: 7/6/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Student loans are not dischargable except under usual circumstances. At least pay the interest so the balance does grow.
Answer Applies to: California
Replied: 7/5/2011
The Law Office of Mark J. Markus | Mark Markus
They cannot collect while your bankruptcy case is pending and the automatic stay is in effect, but unless you obtain an "undue hardship" discharge of that debt from the court, the debts are not discharged in bankruptcy and they can collect after your case is closed.
Answer Applies to: California
Replied: 7/5/2011
Breckenridge and Walton | Alan D. Walton
Yes. Student loans are rarely dischargeable in bankruptcy. It is easier to work something out with the lenders. If you cannot, then you could file a chapter 13 to pay what you can and keep the loans out of default.
Answer Applies to: Michigan
Replied: 7/5/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Student loans are not dischargeable in bankruptcy with a limited exception of "undue hardship."
Answer Applies to: California
Replied: 7/5/2011
Ferguson & Ferguson | Randy W. Ferguson
Student loans are normally not bankruptable. It depends if federally insured or not. If just private loans, they probably bankruptable.
Answer Applies to: Alabama
Replied: 7/5/2011
Jackson White, PC | Spencer Hale
They will likely be able to still collect. It is only the extremely rare circumstance where you can discharge student loans.
Answer Applies to: Arizona
Replied: 7/5/2011
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Student loans are automatically nondischargeable under 11 U.S.C. 523(a)(8), unless you can show an "undue hardship". The area of dischargeability of student loan debts is evolving and the full effect of the relevant bankruptcy statutes is not always clear. You may want to meet with a qualified attorney who helps people file for relief under the bankruptcy code. An experienced attorney can analyze your situation and explain to you your options. If it appears from this analysis that bankruptcy may be an appropriate remedy for you, an attorney can make a specific recommendation and provide a procedural timetable. If it appears that bankruptcy may not be an appropriate remedy for you, an experience attorney can advise you of other possible alternatives.
Answer Applies to: California
Replied: 7/5/2011
Harkess and Salter, LLC | Stephen Harkess
Student loans are not dischargable in bankruptcy. They can be put on hold through a Chapter 13 filing, but they will survive and be collectable after bankruptcy unless you can show that they pose an extreme hardship.
Answer Applies to: Colorado
Replied: 7/5/2011
Law Offices of Dennis Baranowski | Dennis Baranowski
Unfortunately, most student loans are not dischargeable in a bankruptcy without proving that repayment would cause an undue hardship. In order to prove that repayment would cause an undue hardship, you are required to show that 1) you are unable to maintain a minimal standard of living if forced to repay the loans; 2) the circumstances preventing you from maintaining a minimum standard of living will continue for a "significant portion of the repayment period"; and 3) you have made a good faith effort to repay the loan. In the past, private loans were subject to the discharge, but since 2005, most private loans are excepted from the discharge under US Bankruptcy Code at 11 USC 523(a)(8). There are limited instances when a student loan would be subject to the discharge, without needing to prove that repayment would cause an undue hardship. You should consult with an experienced bankruptcy attorney to help you to determine whether or not your private student loans are excepted from discharge.
Answer Applies to: California
Replied: 7/5/2011
Law Office of Harry L Styron | Harry L Styron
Yes. Education loans are non-dischargeable in bankruptcy.
Answer Applies to: California
Replied: 7/5/2011
Symmes Law Group, PLLC | Richard James Symmes
Yes, student loans are not dischargeable in bankruptcy in most cases.
Answer Applies to: Washington
Replied: 7/5/2011
Ashman Law Office | Glen Edward Ashman
Yes. Student loans are not discharged in Chapter 7, and are almost never discharged in Chapter 13. It does not matter if they are public or private.
Answer Applies to: Georgia
Replied: 7/1/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
Any loan which is guaranteed by a government entity, whether the loan was public or private, is not dischargeable in bankruptcy, unless you show extreme hardship such as having to choose between paying your rent and paying your student loan.
Answer Applies to: California
Replied: 7/1/2011
