Can I include my debt to the college I attend in a chapter 7? 14 Answers as of March 31, 2014

I owe the college that I attend money for withdrawing from classes to late. I would like file the debt in a chapter 7, is this possible?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
EDWARD P RUSSELL | EDWARD P RUSSELL
It doesn't sound like a student so it should be dischargeable.
Answer Applies to: Minnesota
Replied: 3/31/2014
Stephens Gourley & Bywater | David A. Stephens
You should include it, although it may not be dischargeable.
Answer Applies to: Nevada
Replied: 3/31/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, and including all of your debt is required. They can however refuse to let you take additional classes in the future.
Answer Applies to: California
Replied: 3/26/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe. If the school is a "private school", this could be an issue. Include all debts, whether you think you owe them or not. Discuss the issue of student loans and the dischargeability of these obligations with your current attorney. If you are filing pro se, contact an experienced attorney and pay for one hour of their time before you file. Have them review your docuyments with you, and discuss this issue with him or her.
Answer Applies to: Colorado
Replied: 3/26/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Depends if this is a government guaranteed loan or a loan from an unaccredited college?
Answer Applies to: New York
Replied: 3/26/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    If it is not student loan money it should be discharged in bankruptcy.
    Answer Applies to: California
    Replied: 3/26/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Student loan debt is nondischargeable in bankruptcy. That being said, you must include all debt in your bankruptcy filing. Some debt will be nondischargeable and remain owing while other debt will be discharged.
    Answer Applies to: Nevada
    Replied: 3/26/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, as these are debts owed directly to a college and not a student loan.
    Answer Applies to: California
    Replied: 3/26/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Most likely unless you are referring to debt incurred as a loan to fund your college education, which requires a showing of undue hardship. Undue hardship is a very difficult threshold to meet and you should consult experienced counsel to assess whether you may be able to discharge such debt in a bankruptcy petition.
    Answer Applies to: California
    Replied: 3/26/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It is necessary to include all creditors in your bankruptcy whether the debt can be discharged or not. In your case, it is unlikely that it would be discharged. However, if you need to file Chapter 7 anyway, you might as well try to discharge it and see what the college does. You may have to initiate an adversary proceeding within your bankruptcy case to determine the dischargeability, however, so that would add to the cost of your bankruptcy.
    Answer Applies to: Oregon
    Replied: 3/26/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Tuition owed to a college is dischargeable. Student loans are not dischargeable but tuition isn't a student loan. So, you can file the tuition in a Chapter 7.
    Answer Applies to: Ohio
    Replied: 3/25/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    The debt should always be listed on your Chapter 7 schedules. But whether it can be discharged will depend. If the debt qualifies as a student loan, then it cannot be discharged in chapter 7.
    Answer Applies to: Texas
    Replied: 3/25/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    In a Chapter 7, you may discharge all debts except those arising from indebtedness related to education, such as your question.
    Answer Applies to: California
    Replied: 3/25/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you're considering bankruptcy I would strongly suggest that you counsel with an attorney before you take any irrevocable action.
    Answer Applies to: Michigan
    Replied: 3/25/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney