Can I include my student loans in my bankruptcy? 9 Answers as of October 27, 2016

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Ronald K. Nims LLC | Ronald K. Nims
Student loans are not generally dischargeable in bankruptcy.
Answer Applies to: Ohio
Replied: 10/27/2016
Stephens Gourley & Bywater | David A. Stephens
Yes, although they are not discharged in a standard bankruptcy.
Answer Applies to: Nevada
Replied: 10/25/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No, not generally (assuming the are Federally Insured, or the school is a non-profit school). You should speak with an experienced BK lawyer about a "hardship discharge" of student loans. Spend an hour or two Googling this issue. You will see what challenges you face.
Answer Applies to: Colorado
Replied: 10/25/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You must include all debt in your bankruptcy, but unless there are special circumstances and you take advanced legal proceedings, the student loans will not be eliminated by bankruptcy.
Answer Applies to: Nevada
Replied: 10/25/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
No, not generally.
Answer Applies to: California
Replied: 10/25/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must list all debts but government student loans are not discharged.
    Answer Applies to: Nevada
    Replied: 10/25/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to list them, but they will not be discharged unless you have some extreme hardship AND file a separate action to determine the hardship (by extreme I mean you are completely disabled or some other horrible thing).
    Answer Applies to: California
    Replied: 10/25/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you mean by the word 'include' whether you must list them or not, the answer is you must list every claim, even the ones you dispute. But listing a student loan does not make it dischargeable. Generally student loans are not dischargeable in a bankruptcy ? unless you are so severely disabled that you could not possibly pay even a few dollars a month on the claim. I doubt you want to be in that situation. Consult an experienced bankruptcy lawyer; it's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 10/25/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    Discharging them typically requires an adversary proceeding to prove that they are an undue hardship for you and will be for the foreseeable future. This is a lot of extra time and expense, so unless you're essentially disabled, it's probably not worth the effort and expense. However, while you are in bankruptcy, you are protected by the automatic stay so they can't attempt to collect from you. If you can get rid of your other debt, then it might be easier for you to pay the student loans. I have had some limited success in student loan adversary proceedings.
    Answer Applies to: Oregon
    Replied: 10/25/2016
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