Could I get rid of student loans through bankruptcy? 13 Answers as of April 30, 2015

I can't pay off my student loans and have other debt that is only getting worse and worse. Will Chapter 7 or Chapter 11 get rid of my student loans?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Meet with an experienced BK lawyer. Student loans (from a not-for-profit school or loans guaranteed by the Federal government) are only dischargeable unless you can prove an "undue hardship" on you and/or your dependents. This is difficult to prove. You have to file an "Adversary Proceeding" within the bankruptcy filing. This is complicated. Any lawyer worth their weight in salt is going to charge you for the consultation (maybe a reduced amount - I do). Good luck!
Answer Applies to: Colorado
Replied: 4/29/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Without significant litigation your student loans will not be discharged in bankruptcy. There may be other options available to you for how to deal with your student loan debt, but it is rare that they can be discharged in a bankruptcy filing.
Answer Applies to: Colorado
Replied: 4/29/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Generally no. We often put a strategy together to deal with the federal loans and the private loans separately.
Answer Applies to: New York
Replied: 4/29/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
No. Student loans are not dischargeable in bankruptcy.
Answer Applies to: Kentucky
Replied: 4/27/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I doubt you want Chapter 11, which is Reorganization, and generally used by businesses. It is very expensive. Chapter 7 (or 13) is what most ordinary folks opt for. You can not discharge student loans unless you are pretty much disabled meaning you cannot pay your student loans, even in part. It's not easy to prove it. But there are other ways of postponing student loans, or getting into an income-based repayment program. Good Luck.
Answer Applies to: Wisconsin
Replied: 4/29/2015
    Stephens Gourley & Bywater | David A. Stephens
    Neither chapter will discharge a student loan. You would have to file a complaint to determine discharge to see if the court will discharge a student loan.
    Answer Applies to: Nevada
    Replied: 4/30/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can't get rid of them unless you can show that you can;t pay them and probably never will be able to. Sometimes you can get them reduced. But to get any relief from them requires more than just filing for bankruptcy. You have to file a lawsuit in the bankruptcy case - which can be expensive. I do one about once a year with good results but the clients are 100% disabled.
    Answer Applies to: California
    Replied: 4/27/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Chapter 7 will pretty much leave your student loans unaffected. Chapter 13 - in some states - gives you the opportunity to payoff your student loans.
    Answer Applies to: Ohio
    Replied: 4/24/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Unless you have become disabled, bankruptcy will not help at all. You cannot bankrupt student loans.
    Answer Applies to: Alabama
    Replied: 4/23/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No. Under the current bankruptcy law, government guaranteed student loan debt is not dischargeable under any Chapter.
    Answer Applies to: California
    Replied: 4/23/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, unless you have "severe hardship" like MS or another horrible disease, you can't use BK to get rid of this debt.
    Answer Applies to: California
    Replied: 4/23/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Bankruptcy can get rid of student loans if you are sufficiently disabled that it is likely you will never be able to work again. You will need to file a suit inside of your bankruptcy to actively prove this situation according to the Brunner test. Most people are not able to meet that high requirement and exit from bankruptcy still owing all of their student loan debt. Sorry!
    Answer Applies to: Nevada
    Replied: 4/23/2015
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    Nope. It is almost impossible to get student loans discharged in Bankruptcy. Chapter 7 may get rid of the credit card debt. Chapter 11 for individuals is usually reserved for those who have greater than 1,087,000 in secured debt.
    Answer Applies to: California
    Replied: 4/23/2015
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