How does bankruptcy affect student loans? 19 Answers as of September 10, 2014

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
They are non dischargeable absent an action filed as an "adversary proceeding". You would have to prove you cant pay now and most likely will not be able to in the future. The fee for this is not included in any quote you get for a bankruptcy case unless this is specifically discussed.
Answer Applies to: California
Replied: 9/10/2014
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Student loans are not discharged in bankruptcy, unless you file an adversary proceeding and prove that excepting the debt from discharge would impose an undue hardship on you and your dependents.
Answer Applies to: Nebraska
Replied: 9/8/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
If by "effect" the question is whether student loans are discharged in bankruptcy the answer is that GENERALLY speaking student loans are excepted from discharge under USC 523(a)(8), where it says that : (i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or (B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual; is except from discharge UNLESS it would impose an undue hardship on the debtor or debtor's dependents. Next you have to consider what "undue hardship" means. It is not defined by the code. Majority of Courts have used the standard set out in Brunner Test. If you plug in Brunner Test and/or "undue hardship" there is a ton of material on this topic. Here is a link to a NOLO one: http://www.nolo.com/legal-encyclopedia/student-loan-debt-bankruptcy.html Bottom line, at minimum you're looking at filing an adversary proceeding within your bankruptcy case wherein a Judge decides if not granting discharge would cause you/your dependents undue hardship. Hope this information helps.
Answer Applies to: California
Replied: 9/5/2014
Stephens Gourley & Bywater | David A. Stephens
Student loans are not automatically discharged in chapter 7. You have to prove undue hardship to discharge them in chapter 7.
Answer Applies to: Nevada
Replied: 9/5/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
This question is really too broadly worded to answer appropriately. Unless you file an adversary proceeding and can show that you meet the criteria of the Brunner test, the student loan will not be discharged by your bankruptcy. However, collection on these loans should stop during the time the bankruptcy is open.
Answer Applies to: Nevada
Replied: 9/4/2014
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    Student loans are not dischargeable debts. The servicer for your student loan will not communicate with you during the pendency of your bankruptcy, however if you are not on a deferred payment status, you should continue to make the payments due during the pendency of the case.
    Answer Applies to: Kentucky
    Replied: 9/4/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If the student loans are to a private school, or guaranteed by the Federal Government, they are not dis-chargeable unless they work an undue hardship on you or your dependents. You would have to file an Adversary Proceeding asking the Court for a hardship discharge. You have sixty days from the Creditors' Meeting to file your Adversary Proceeding. I would recommend you talk to an experienced attorney about this matter. These matters are typically litigated, so you have to be ready for the "fight". Good luck!!
    Answer Applies to: Colorado
    Replied: 9/4/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    They cannot be discharged if they are guaranteed by the government. Most of them are guaranteed.
    Answer Applies to: California
    Replied: 9/4/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Some student loans are held to be in default and others just are stopped until after the bankruptcy but they are not dischargeable
    Answer Applies to: New York
    Replied: 9/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Most student loans are nondischargeable.
    Answer Applies to: Nevada
    Replied: 9/4/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Chapter 7 has little effect on student loans, it can stop collections, garnishment etc temporarily. Chapter 13 requires student lenders to state their claims and allows the debtor to make payments on those loans and either pay them off or bring them current in the plan.
    Answer Applies to: Ohio
    Replied: 9/4/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    They are non-dischargeable.
    Answer Applies to: Minnesota
    Replied: 9/4/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Student loans are defined very broadly in the bankruptcy code as any money borrowed to pay for post-high school education or training, except from relatives. Such loans cannot be discharged in bankruptcy without a finding of "undue hardship" which is defined by case law. In general, unless you are completely disabled, the odds of discharging a student loan are very small. The older, poorer, and less healthy you are, the more likely you are to discharge a student loan. In most cases, however, a bankruptcy will put at least a temporary stop to collection activity for student loans, thus preventing garnishment of wages or attachment of bank accounts. In Oregon at least, you are usually not allowed to pay student loans while you are in a Chapter 13 bankruptcy, unless you don't have much other debt.
    Answer Applies to: Oregon
    Replied: 9/3/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Generally speaking, student loans are not dischargeable through any type of bankruptcy, be it Chapter 7, 11 or 13. There are some exceptions to this rule but very few debtors are able to discharge their student loan debt. Various proposals in Congress seek to modify this rule but to date nothing has been passed into law.
    Answer Applies to: California
    Replied: 9/3/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    In a practical sense, bankruptcy has no effect at all on student loans. It can protect you for a short time (3 to 6 months in a chapter 7 filing) from collection actions, but student loans are generally not discharged in bankruptcy.
    Answer Applies to: Colorado
    Replied: 9/3/2014
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    During the time which you are under bankruptcy protection the automatic stay will stop collections however interest will still accrue. It is always best to contact your lender If you are in default to discuss repayment options while in bankruptcy.
    Answer Applies to: Georgia
    Replied: 9/3/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    It stops collection but does not eliminate the debt in Chapter 7; in Chapter 13, you can pay them, and the balance remains, plus interest. It is best to call an experienced bankruptcy attorney to discuss your options in bankruptcy and outside of bankruptcy.
    Answer Applies to: Illinois
    Replied: 9/3/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It doesn't. Student loans are not dischargeable except in extreme hardship. You must get a order from a superior court establishing your case as such before they can be discharged.
    Answer Applies to: California
    Replied: 9/3/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    Student Loans fall within the exception to discharge. 11 USC 523 (a)(8). That means, absent some other order from the Court the debt survives the bankruptcy. A challenge to this may be made in the bankruptcy court while the case is still pending. A very detailed analysis is needed. In a chapter 13 bankruptcy, a student loan can be paid as part of the repayment plan.
    Answer Applies to: California
    Replied: 9/3/2014
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