Does filing for bankruptcy cover my student loans? 16 Answers as of June 09, 2013

I am in a lot of debt and a huge part of that are my student loans. I have been trying to pay them off, but I can't seem to afford it. Is there any way that I can put these loans in my bankruptcy file or delay payments?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Student loans are generally not dischargeable. However, in a Ch 13 you an hold the SL at bay for 5yrs (interest keeps piling up though).
Answer Applies to: Washington
Replied: 8/25/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No.
Answer Applies to: Maryland
Replied: 6/9/2013
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
Student loans are rarely dischargeable in bankruptcy. The standard is "hardship." If you are employed or have some hope of eventually being unemployed you will probably be unable to discharge student loans. It requires what is called an adversary proceeding, essentially a trial to determine dischargeability. A better option is to apply for an income based repayment plan. You must have filed tax return and must reapply every year.
Answer Applies to: Colorado
Replied: 8/15/2011
Ross Smith, Attorney at Law
Ross Smith, Attorney at Law | Charles Ross Smith III
All debts are listed no matter what kind of bankruptcy you file. You are right. Student loans are not dischargeable in a Chapter 7 bankruptcy. But they are listed anyway. Student loans can be listed and treated effectively in a Chapter 13 Bankruptcy. If you can pay them off completely in a 5 year Chapter 13 Plan, then you pay no interest or penalties. It's hard to do that, but it really pays off for the rest of your life. See an experienced bankruptcy attorney that advertises for Chapter 13 work. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
Answer Applies to: Ohio
Replied: 8/13/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sorry, bankruptcy will not help you with these. Try at least to pay the interest because if you don't the debt will continue to grow and the problem will just get worse.
Answer Applies to: California
Replied: 8/13/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Student loans are excepted from discharge pursuant to 11 United States Code section 523(a)(8). Exceptions (to that exception) are very rare. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
    Answer Applies to: California
    Replied: 8/13/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Student loans are not dischargeable unless you file a chapter 13 and prove a "substantial hardship".
    Answer Applies to: Georgia
    Replied: 8/12/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Student loans are non-dischargeable, unless you can show severe hardship. And by severe, they mean severe, as in your limbs were lopped off and you cannot work in any capacity.
    Answer Applies to: California
    Replied: 8/12/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Bankruptcy is not an option for student loans. To ease the burden you should consider deferring the loans due to income or hardship. Do not wait, make sure you are proactive with these loans!
    Answer Applies to: New Hampshire
    Replied: 8/12/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Most student loans are nondischargeable in bankruptcy. You might want to consider a chapter 13 payment plan.
    Answer Applies to: California
    Replied: 8/12/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Student loans are not dischargeable in a bankruptcy except under rare occasions. Those rare occasions usually require permanent disability and an inability to pay more that meager living expenses.
    Answer Applies to: Utah
    Replied: 8/12/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    No if they are federal loans, you cannot put them in your bankruptcy. If they are private loans you can. What you can do to lower your payments is contact your lender and change to the income contingent plan. This plan determines the amount you will pay based on your income and if you still owe money after 25 years (long time) it is forgiven.
    Answer Applies to: Utah
    Replied: 8/12/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Student loans cannot be discharged in bankruptcy. The best approach is to contact your lenders and tell them you can't afford the payments. They should be able to offer you a deferment or reduced payment.
    Answer Applies to: California
    Replied: 8/12/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Student loan debt is not dischargeable in bankruptcy. Your options with reference to student loans is with the student loan lender or the government guaranty entity to lower, restructure or defer payments.
    Answer Applies to: California
    Replied: 8/12/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You can pay student loans through a Chapter 13, if you qualify for a Chapter 13. It would be best to talk to a Chapter 13 bankruptcy attorney.
    Answer Applies to: California
    Replied: 8/12/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Student loans virtually cannot be discharged. There are very few exceptions. However, sometimes they will defer your student loans for up to two years because of you filing bankruptcy. You would have to check with your lender. Good luck!
    Answer Applies to: Michigan
    Replied: 8/12/2011
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