Can a creditor collect education loans after bankruptcy? 20 Answers as of July 11, 2013

I have $150k in both federal and private loans that I took out for college. I am not earning as much as I expected and am not able to pay off my loans. Can creditors still collect if I file for bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Generally yes, student loans are not dischargeable
Answer Applies to: Washington
Replied: 7/14/2011
Bird & VanDyke, Inc.
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 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
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
School loans are not discharged.
Answer Applies to: California
Replied: 7/4/2013
The Law Office of Mark J. Markus
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
    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
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes. Most student loans are not dischargeable.
    Answer Applies to: Virginia
    Replied: 7/4/2013
    Bankruptcy Law office of Bill Rubendall
    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
    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
    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
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, the can collect the full amount after the bankruptcy case is over.
    Answer Applies to: California
    Replied: 7/11/2013
    Law Offices of Sheryl S. Graf
    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
    Colorado Legal Solutions
    Colorado Legal Solutions | 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
    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
    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
    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
    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
    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
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Student loans must be paid back.
    Answer Applies to: California
    Replied: 7/11/2013
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