Can I file bankruptcy on a student loan? 16 Answers as of June 10, 2013

My son has now dropped out of college and is not paying on his student loans. If I file bankruptcy can I include the co signed loans of his for school loans?

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Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
You cannot file bankruptcy on student loan. *They must be paid.* the most you can do is to work out a payment arrangement with the lenders.
Answer Applies to: Washington
Replied: 5/17/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
No under most circumstances with a few exceptions you cannot discharge student loans.
Answer Applies to: Florida
Replied: 5/17/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
Likely not. It doesn't matter whether you co-signed or whether the degree was finished. All qualified student loans are non-dischargeable absent undue hardship.
Answer Applies to: Arizona
Replied: 5/17/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Student loans in general are not dischargeable, absent a very difficult to make showing of undue hardship. This means that you will have to list the loans, but they will not be wiped out. For a detailed discussion regarding dischargeability of student loans, see my blog.
Answer Applies to: California
Replied: 5/17/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Simply listing the student loan in a bankruptcy will not discharge it. It requires the filing and prosecution of a lawsuit in the bankruptcy case; the lawsuit is called an adversary proceeding. The only basis for exception from nondischargeability is when it can be proved that the student loan would cause an undue hardship. This is difficult to prove, and is a complicated legal issue for which you should seek the advice of an attorney who is a certified specialist in bankruptcy. Consult the State Bar website for a listing of those attorneys in your area.
Answer Applies to: California
Replied: 5/16/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Student loans are likely not dischargeable in BK.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Student loans are generally not dischargable in bankruptcy - even when you're just the co-signer - unless you can prove that you are basically disabled and will never work again.
    Answer Applies to: Indiana
    Replied: 5/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Sorry.... student loans are not dischargeable unless there is some circumstance that would keep you from paying them forever, for example if you were disabled and could not work. This is a very tough area of the law. Consult with a knowledgeable lawyer near you, maybe the student loan does not qualify for bankruptcy protection, (not likely, but it is worth a shot to check it out).
    Answer Applies to: California
    Replied: 5/16/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    No.
    Answer Applies to: California
    Replied: 6/10/2013
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Student loans are not dischargeable in bankruptcy absent a showing of undue hardship. The applicable code section is 11 U.S.C. 523(a)(8) entitled, "Exceptions to Discharge." This exception applies with equal force to co-signors of such loans regardless of the fact that the co-signor did not receive the educational benefit. Unless you will be able to demonstrate to the court that repayment of the loan would result in undue hardship, the debt is non-dischargeable.
    Answer Applies to: California
    Replied: 5/16/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Bankruptcy doesn't help on student loans. Tell that kid he better shape up.
    Answer Applies to: Virginia
    Replied: 5/16/2011
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