What happens to student loans during bankruptcy? 6 Answers as of October 26, 2010

I have over $50,000 in student loans. Will I still need to pay these if I file for bankruptcy, or are they somehow separate from the process?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Student loans are not dischargeable in bankruptcy unless you can prove, after trial, "undue hardship" as that term is defined by courts in your jurisdiction. This is a very difficult standard to prove.
Answer Applies to: California
Replied: 10/26/2010
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Student loans are treated in a similar way as tax obligations, they need to be paid. If there is a showing of extreme hardship, the bankruptcy court might reduce the amount of the loans. Otherwise, though, they will survive bankruptcy and still be owed.
Answer Applies to: California
Replied: 10/26/2010
Law Office of David P. Farrell
Law Office of David P. Farrell | David Farrell
Student loans are included in bankruptcy and with few exceptions are nondischargeable, meaning they survive the bankruptcy. Generally, student loans are treated as any other unsecured debt (i.e. credit card debt) and cannot be given special treatment simply by virtue of the fact that they are nondischargeable.
Answer Applies to: California
Replied: 10/26/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
You will still be liable for your student loan debts after bankruptcy, unless you can prove you have an undue hardship and litigate your case.
Answer Applies to: California
Replied: 10/26/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
Nothing. They are non dischargeable.
Answer Applies to: California
Replied: 10/25/2010
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