Wild Sky Law Group, PLLC | Roxanne Eberle
Unfortunately, student loans are almost never dischargeable in bankruptcy. You may get relief, however, by eliminating your other debt so you can pay the student loans. Also, sometimes Sallie Mae will do income-based repayments if you provide the proper documentation.
Answer Applies to: Washington
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
No, generally not.
Answer Applies to: Indiana
Law Office of Norman Moore | Norman P Moore Jr
When you file bankruptcy, you must list all of your debt. Not every debt gets discharged however. If your sallie mae loan is a student loan (and I assume it is) it is very unlikely that it will be discharged. It is possible, but the threshold is very high. Consult a bankruptcy attorney to discuss the requirements and whether you meet them.
Answer Applies to: Wisconsin
The Law Office of Mark J. Markus | Mark Markus
I don't know what you mean by "be in". If you're asking whether they are dischargable, student loans are only dischargeable if you can prove "undue hardship", which is very difficult to do. You need to go through a separate trial and provide evidence that shows that you've made a good faith effort to repay the loans (including increasing your education, job searching, consolidating the loans with the Direct Loan Servicing Center, etc.), and that your financial situation is unlikely to change over the next 10-20 years.
Answer Applies to: California
The Barrister Firm | Christopher Benjamin
The general answer to your question is no (especially if it's a federally backed loan); there is a very limited and rare circumstances in which student loans are dischargeable in bankruptcy. You should seek a full legal consultation.
Answer Applies to: Florida
Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
Student loans are generally not discharged in bankruptcy. But the bankruptcy protection one receives still applies to student loans, meaning student loan companies cannot sue or garnish your wages while you are in bankruptcy.
Answer Applies to: Georgia
Goldsmith & Guymon | Marjorie Guymon
Yes, you may list Sallie May loans in a bankruptcy. In fact, you must list all debt in bankruptcy. However, federally guaranteed student loans are nondischargeable in bankruptcy. You must bring a special adversary complaint seeking to discharge the debt. The only way to be successful at this is to show significant hardship-not just financial but something that evidences that you will never be able to pay the debt. Examples would be where you must care for a disabled spouse or child, or are disabled yourself and unable to work.
Answer Applies to: Nevada
Danville Law Group | Scott Jordan
Student loans are almost never discharged in bankruptcy. However, you can file for Chapter 13 bankruptcy and set a payment plan that is affordable. Also, you say Sallie Mae private loans but it has been my experience that Sallie Mae only handles government backed loans, so you may be able to consolidate under the Ford Foundation and obtain affordable monthly payments.
Answer Applies to: California
Weber & Phillips, P.A. | John G. Phillips
The automatic stay prevents collection while you are in the case (say 6 months for Chapter 7 or 3-5 years for a Chapter 13). They will not ultimately be discharged. Long story short, you can get some temporary relief but not permanent relief.
Answer Applies to: Arkansas