Can I erase my student loans by filing bankruptcy? 24 Answers as of July 11, 2013

Before the end of my masters degree I went abroad and decided to stay because I was enjoying my time so much. After returning home 2 years later, I realized that I had completely forgotten to pay or cancel my phone, electricity, cable and such on my old house and have a ridiculous amount of debt on top of my student loans. Will my student loans get erased also if I file for bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Student loans are generally not dischargeable.
Answer Applies to: Washington
Replied: 7/4/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Generally student loans are NOT dischargeable in bankruptcy. You must speak with an attorney about how this can be done.
Answer Applies to: California
Replied: 7/5/2011
Law Offices of Sheryl S. Graf
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Debts for educational benefits and student loans are generally not dischargeable in bankruptcy proceedings, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents. Whether you can show an "undue hardship" depends on your particular circumstances. Unfortunately, the effect of the relevant bankruptcy statutes relating to student loan debts is not always clear. Some, none, or all of your student loans could be discharged. 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, explain to you your options, and make a recommendation on how to proceed. If it appears that bankruptcy may not be an appropriate remedy for you, the attorney can advise you of other possible alternatives.
Answer Applies to: California
Replied: 7/5/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sorry.... student loans are not dischargeable except under some highly unusual circumstances. You will need to figure out some way to pay them as they can tap your social security benefits when you start to draw them. At least try to pay the interest so the amount you owe does not grow.
Answer Applies to: California
Replied: 7/5/2011
Raxter Law
Raxter Law | Jeremiah Raxter
Generally, student loans cannot be discharged.
Answer Applies to: California
Replied: 7/5/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    Sorry to say it, but the general rule is that student loans do not get erased unless one can show extreme hardship or the like. So, unless you can meet this high standard of proof the student loans will not be erased. You should consult with an attorney and provide him or her with more specific information to get a better answer since this type of issue is very fact-sensitive and maybe there is a way that you can qualify to have the loans erased.
    Answer Applies to: New Jersey
    Replied: 7/5/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    There are certain debts that are excepted for discharge like child support, spousal support, fines, restitution, taxes and most students loans. Most student loans are non-dischargeable in bankruptcy unless you can prove undue hardship, which is a very difficult standard to prove. You must file an adversary proceeding against the student loan for it to be declare dischargeable. However, while your other debts that you mentioned can be discharged in bankruptcy, most likely your student loan won't be. Good luck.
    Answer Applies to: Michigan
    Replied: 7/5/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Your student loans will not get erased in the bankruptcy.
    Answer Applies to: Arizona
    Replied: 7/4/2013
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    No you can not get rid of student loans.
    Answer Applies to: Georgia
    Replied: 7/11/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Student loans CANNOT be discharged in Chapter 7. As a general rule, they are not going to be discharged in a Chapter 13 either. Utility bills ARE dischargeable. See a lawyer to review your numbers.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Your student loans are not dischargable and will survive a bankruptcy filing.
    Answer Applies to: Colorado
    Replied: 7/4/2013
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Student loan debts are not dischargeable in bankruptcy unless you can prove, after trial, all the elements required to show "undue hardship" as that term is defined by case law. In the 9th Circuit, you must prove all of the following: 1. **that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans; /This is usually the easiest prong to satisfy./ 2. that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and, 3. that you made good faith effort to repay the loans. /This does not just include making payments on the loans. It requires doing things over time such as making efforts to increase your income (which includes going back to school to get additional degrees or experience), consolidating loans with the Direct Loan Servicing Center , and other similar efforts./ The above is known as the "Brunner Test" named after an appeals court decision by that name. It is very difficult to meet the above requirements.
    Answer Applies to: California
    Replied: 7/5/2011
    Loveless Law Firm, LLP
    Loveless Law Firm, LLP | Andrea Loveless
    Student loans are not cleared in bankruptcy thank you.
    Answer Applies to: California
    Replied: 7/11/2013
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    No, generally, you cannot discharge student loans in bankruptcy barring illness or injury.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    No. They are non-dischargeable.
    Answer Applies to: California
    Replied: 7/5/2011
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