Can I include a defaulted student loan in my bankruptcy? 4 Answers as of August 27, 2010

I have not been able to pay back my student loans. After graduating, could struggled to find a job and ended up taking one that offers only meager pay. This income is not even enough for me to live on, let alone pay back my loans. If I file for bankruptcy, will a defaulted student loan held through the Department of Education be included?

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No, you cannot include a Department of Education student loan in your bankruptcy.
Answer Applies to: California
Replied: 8/26/2010
Ariano & Reppucci
Ariano & Reppucci | Chris Ariano
You will not be able to eliminate your student loan based on what you have described. Your student loan will survive your bankruptcy.
Answer Applies to: Arizona
Replied: 8/26/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If by included you mean discharged the answer is no unless you can prove, after trial, undue hardship as that term is defined by the courts in your jurisdiction. This is a very difficult standard to meet, but you should discuss the option with your attorney.
Answer Applies to: California
Replied: 8/25/2010
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