If I took a student loan for my daughter in my name only, is it dischargeable in bankruptcy? 17 Answers as of October 15, 2013

I signed for a student loan in my name only for my daughter's school tuition. It says promissory note. I included this loan in my bankruptcy 7, is this dischargeable?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas C. Phipps | Thomas C Phipps
To be dischargeable, the loan must be an undue hardship on you. That is very difficult to prove in court.
Answer Applies to: Missouri
Replied: 10/15/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
No it's not dischargable.
Answer Applies to: Indiana
Replied: 9/16/2013
Fears Nachawati | Sean T. Flynn
Student loan is not dischargeable unless there is an undue hardship. This applies to student loan that you signed for your daughter's benefit.
Answer Applies to: Texas
Replied: 9/11/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
No, the student loan obligation will not be discharged in bankruptcy, unless you can prove "undue harship". That is an extremely tough thing to prove.
Answer Applies to: Oregon
Replied: 9/11/2013
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Federally guaranteed student loans are nondischargeable. It does not matter for whose benefit the loan was incurred.
Answer Applies to: Nevada
Replied: 9/10/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You must list all of you debts in the bankruptcy, even if they are not dischargeable. If the loan was guaranteed. It is not dischargeable but without seeing he paper work I cannot say for sure.
    Answer Applies to: California
    Replied: 9/10/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, student loans are not dischargeable without extreme hardship.
    Answer Applies to: New York
    Replied: 9/10/2013
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Generally speaking student loans are not dischargeable without filing and succeeding in an adversarial case after the filing of the bankruptcy. 11 U.S.C. Section 523 lists several exceptions to discharge. For student loans see 523(a)(8). "Undue burden" has not been defined by the code and so the courts have been interpreting this to mean different things. Most jurisdictions apply a 3 prong test. People who do qualify for undue hardship discharge face the challenge of either maneuvering through a lawsuit unassisted by an attorney against a lawyered up creditor or trying to find an attorney to work pro bono. These are not easy cases. If you do an online search on this topic some more you can find cases of individuals in pretty dire circumstances fighting very hard to obtain a discharge, in some cases even a partial one. In my opinion, this needs a political solution, meaning change in the laws everyone is encouraged to contact their local representative but only a few do while many struggle and complain about their situation. There is simply too much information and things to consider to dive into this topic in this forum. You can contact a local attorney to discuss in more details. If you have already filed your case and wish to proceed to attempt a discharge you will want to act quickly as you must file the lawsuit while the case is still open. You can retain an attorney just for this part of the work in your case as this is not the type of service that is typically included in the fees of a standard bankruptcy filing.
    Answer Applies to: California
    Replied: 9/10/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The only way to discharge a student loan in a chapter 7 bankruptcy is to bring an adversary action to submit evidence that it would be virtually impossible to repay the debt.
    Answer Applies to: Nevada
    Replied: 9/9/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Depends on the note. You need an attorney to have a chance at all.
    Answer Applies to: California
    Replied: 9/9/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If it is specifically a student loan or a parent PLUS loan then it is not dischargeable in bankruptcy unless you litigate and win in an adversary proceeding.
    Answer Applies to: Colorado
    Replied: 9/9/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Generally no, students loans are exempt from discharge in bankruptcy, regardless of the debtor.
    Answer Applies to: Florida
    Replied: 9/9/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    If it is just a promissory note, it is dischargeable, if the contract indicates that it is a student loan, then it is not dischargeable.
    Answer Applies to: Georgia
    Replied: 9/9/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    Student loans are generally not dischargeable, except in cases of undue hardship. You need to discuss this with your attorney. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer. No attorney- client relationship has been established based on the provision of this answer. You should seek competent counsel and provide your attorney with all of the information that could have an effect on your decision.
    Answer Applies to: California
    Replied: 9/9/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Never. Absolutely not. Student loans are not dischargeable. Only in extreme and unusual hardship are they ever even remotely dischargeable.
    Answer Applies to: Connecticut
    Replied: 9/9/2013
    Scott Goldstein | Scott Goldstein
    Absent a showing of undue hardship, which can be very hard to prove, no, it is not.
    Answer Applies to: New Jersey
    Replied: 9/9/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Federally guaranteed? No.
    Answer Applies to: Massachusetts
    Replied: 9/9/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney