Can I file bankruptcy on my private school loans? 18 Answers as of April 25, 2013

I was diagnosed with a mental illness in 2008. I applied for disability and in the meantime received state disability from the welfare office until I received a decision. I was denied and got a lawyer to receive disability. Eventually I was approved and been receiving disability since march 2012.

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Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, if you qualify for chapter 7 and your overall financial circumstances justify it, it sounds like you may have a case that an "undue hardship" Adversary Proceeding could be filed and possibly be successful and discharge the private student loans. You need to have a consultation with an experienced bankruptcy attorney to discuss your case in detail.
Answer Applies to: Texas
Replied: 4/25/2013
Law Offices of Terrell Monks
Law Offices of Terrell Monks | Terrell Monks
If it is reasonably certain that your disability will continue indefinitely, and if you will therefore be unable to make any significant payments on those debts, you have a reasonable shot at getting rid of your student loan debt. You will have to provide evidence, such as medical records, to support your allegation that the disability will continue.
Answer Applies to: Oklahoma
Replied: 4/25/2013
Ray Fisher Law Offices
Ray Fisher Law Offices | Ray Fisher
You do not file bankruptcy on a debt. When you file bankruptcy you include all of your debts in the filing regardless of what happens to them. While student loans should be dis-chargeable?in bankruptcy, under the current state of the law they are not.
Answer Applies to: Texas
Replied: 4/25/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you filed bankruptcy, you would include your student loans, but to eliminate your student loans through bankruptcy would require you or your attorney to file an adversary proceeding to determine whether you are eligible for this help. While your description makes it sound like you have a shot to eliminate these debts, there is no guarantee that you will be successful.
Answer Applies to: Nevada
Replied: 4/24/2013
Wasson & Thornhill
Wasson & Thornhill | Leeann Thornill
You may be able to - it all depends. Have you tried to have your student loans forgiven based on your disability? You may want to try that first.
Answer Applies to: Kentucky
Replied: 4/24/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You may be able to if you can show undue hardship. The test is very hard to prove, it will be prudent to hire an attorney.
    Answer Applies to: Florida
    Replied: 4/24/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can file bankruptcy, but to discharge those student loans you would have to prove undue hardship, which from the sounds of your note, you may be able to prove.
    Answer Applies to: Nevada
    Replied: 4/24/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you are on Disability, as of June of this year, you may be able to.
    Answer Applies to: New Jersey
    Replied: 4/24/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    If you are unable to ever be an income producing person, it is very possible, but will take an additional effort inside a bankruptcy case to even attempt this.
    Answer Applies to: Florida
    Replied: 4/24/2013
    Law offices of John P. Brooke | John Brooke
    In order to discharge student loans you would need to file an adversary proceeding, which is basically a lawsuit, while the chapter 7 bankruptcy is pending. In order to prevail you would need to show that paying back your student loans would be an undue hardship. This is a very high standard and difficult to prove. You would basically need to show that you have no ability to pay them back during your life and you have been trying your hardest up to the date of filing the petition to pay them back.
    Answer Applies to: New York
    Replied: 4/24/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    No, absolutely not. The only way is if you are so far incapacitated and uniquely disabled as to fit into an almost unusable exception to the law.
    Answer Applies to: Connecticut
    Replied: 4/24/2013
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    Based on those limited facts, it might be possible to receive a discharge of your student loans through a hardship. If you are unable to work, and receive very little income and it appears that will be the situation for some time, some courts have granted a hardship and have allowed student loans to be discharged. You need to speak to a local bankruptcy attorney in your area about what it all entails as the burden of proof is high.
    Answer Applies to: Alabama
    Replied: 4/24/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can try to discharge student loans under hardship but it is a tough fight
    Answer Applies to: New York
    Replied: 4/24/2013
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Unfortunately, as today (April 24, 2013), private student loans are not currently treated differently in bankruptcy than government guaranteed student loans. There are lobbying efforts underway to make private student loans dischargeable in bankruptcy, and the National Association of Consumer Bankruptcy Attorneys is working to get such a law passed. In the meantime, it is still possible to discharge a student loan if you can prove that it would be an "undue hardship" to be required to repay the loan. This involves filing a lawsuit against the student loan lender after the bankruptcy case has been filed.
    Answer Applies to: Minnesota
    Replied: 4/24/2013
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    No.
    Answer Applies to: Virginia
    Replied: 4/24/2013
    Law Offices of Bill N. Jacob
    Law Offices of Bill N. Jacob | Bill N. Jacob
    You would need to go through a proceeding in the bankruptcy court, basically a trial, and prove repayment would create an undue hardship since you are not expected to be able to earn enough over the rest of your working life to support yourself in a minimal standard and repay the loans.
    Answer Applies to: Massachusetts
    Replied: 4/24/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    There may be some hardship programs available outside bankruptcy. Inside bankruptcy you would have to establish a hardship. You may want to google the Bruner case for the 3 factors you'd have to show in a lawsuit to have the debt declared nondischargeable. It would not be automatic just because they are private loans. You might contact NACBA, as that organization is trying to change the law.
    Answer Applies to: South Carolina
    Replied: 4/24/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You will need to file for bankruptcy and then you must file an "adversary proceeding" to have the loans discharged. This is a separate "lawsuit" within the bankruptcy and most lawyers will charge you more for this. It can be expensive.
    Answer Applies to: California
    Replied: 4/24/2013
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