Do I have to list student loans on Chapter 7? 29 Answers as of March 05, 2012

Yes, you are required to list them.

It is listed as an unsecured, non-priority debt.

Yes, you should list student loans on your bankruptcy petition. You will need to list them on Schedule F. Be sure to note this debt on the Statistical Summary (Form 6) under type of liability "Student Loan."

Every debt you must be listed on your schedules. Student loans are (generally) unsecured, but are not priority debts. Therefore, student loans should be disclosed on Schedule F. If you are paying them and filing a Chapter 7, don't forget to disclose the expense on Schedule J!

Yes, all your debt must be listed on your petition. Student loans should go on Schedule F.

Yes, you must list all debts of any kind under any bankruptcy chapter. You may not exclude any obligations from your petition and schedules. Of course, you may reaffirm any debts if there is a clear benefit in doing so (as in the case of some credit union loans). But reaffirmations should be undertaken with care and ample counsel from your bankruptcy attorney.

Schedule F and although they are listed, they are not dischargeable.

You must list your studnent loans on Chapter 7 bankruptcy petition. They should be listed on Schedule F. Student loans are extremely difficult, but not impossible, to discharge in bankruptcy. In order to do so, you have to prove that payment of your student loan will impose an undue hardship on you and your dependents. Courts use different tests to evaluate whether a particular borrower has shown an undue hardship (some courts will be more flexible, some less). A common test requires a debtor to prove the following: 1) if forced to repay the student loan, a debtor cannot maintain a ?minimal? standard of living based on current income and expenses; 2) additional circumstances exist showing that a debtor will likely not be able to maintain a "minimal" standard of living for a significant portion of the repayment period of the student loan; and 3) the debtor has made good faith efforts to repay the loan. You should consult with an attorney on whether you could discharge your student loan.

Full disclosure of all assets and liabilities is required in bankruptcy, so yes, the student loans must be listed, even if they are not going to be discharged.

The failure to list all your debts can land you in prison for 5 years and also get your case dismissed. By the way, do NOT file pro se. Pro se cases almost always go badly.