What should I do if I am being sued for unpaid tuition? 18 Answers as of July 08, 2013

I am being sued for 20,000. It is completely unpaid tuition, I attended for a semester thinking I would be able to pay for it somehow. Then the economy tanked and I couldn't even qualify for a loan. I am not sure what to do, what type of lawyer to find, or what. Suggestions? Also can this be discharged in bankruptcy?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
See a competent bankruptcy lawyer. It sounds like you are talking about student loan debt. Ordinarily that is not dischargeable.
Answer Applies to: California
Replied: 7/13/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Dischargable in bankruptcy, yes.
Answer Applies to: Maryland
Replied: 7/8/2013
Law Office of Diane K. Davison, Esq.
Law Office of Diane K. Davison, Esq. | Diane K. Davison
Unfortunately, student loans are among the debts that are often not discharged in bankruptcy. You must prove that paying the student loan would present a hardship, and petition to have the student loan discharged as a separate motion in your bankruptcy case. If this is your only debt, however, you might not want to file bankruptcy at this point in time. It might be possible for you to work out a payment plan agreement with the lender, if you cannot afford the current payments. You might also be able to have the loan refinanced by a different lender, resulting in lower monthly payments. I suggest you first contact the existing ender and see if you can work out a lower payment that will fit into your budget. $20,000 sounds like a lot of money, but spread over a period of time, you might be able to pay it off. If the lender does not cooperate with you, and harasses you about the loan, you could contact a consumer law attorney. If you cannot afford an attorney, you might be able to get some legal advice from your area non-profit legal aid society about your debt, as well. Good luck!
Answer Applies to: Florida
Replied: 7/13/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Generally student loans are not dischargeable in bankruptcy, You should talk to a bankruptcy lawyer about some of the exceptions and see if your debt is dischargeable.
Answer Applies to: Florida
Replied: 7/13/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Student loans are not dischargable in bankruptcy; you may look into Chapter 13 bankruptcy to put the loan into a repayment plan which will buy you time to work things out but otherwise, working with the creditor directly is your best bet outside of bankruptcy.
Answer Applies to: Indiana
Replied: 7/13/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Tuition is dischargeable in bankruptcy as long as it is not a student loan.
    Answer Applies to: California
    Replied: 7/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The debt may or may not be dischargeable and you need a lawyer to review the paperwork from the tuition to answer that. Student loans are not dischargeable, but money due for tuition that is not a loan likely would be dischargeable. The exact language matters and an experienced lawyer can review it. Get one.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    This debt can be discharged in a Chapter 7 - as long as it is not a student loan. I would have to know more about your situation and plans before I would advise filing a bankruptcy. Issues are: do you plan to stay in the school area; ever want to attend that school again; other debts; etc.
    Answer Applies to: Mississippi
    Replied: 7/12/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally Michigan courts have treated unpaid tuition like a student loan and have not treated them as dischargeable. I really don't know what kind of attorney to recommend because there doesn't sound like there is a defense. You incurred the debt, it is not dischargeable, so I would try to get payments set up. If you think there was some kind of fraud or some other defense, call your local bar association and they should be able to refer you to someone in your area.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    If it's from Federal money or guaranty it's not dischargeable.
    Answer Applies to: Virginia
    Replied: 7/4/2013
    The Law Offices James Burns
    The Law Offices James Burns | James Burns
    Depending on your current income, you may qualify for free or reduced-fee legal assistance from New Mexico legal aid or other legal service providers. There are a few exceptions to this general rule, but generally, federal student loans are not dischargeable.
    Answer Applies to: New Mexico
    Replied: 7/12/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Student loans usually cannot be discharged in Bankruptcy. You should search for a credit settlement attorney, or try to work out payments with the company.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Student loans for tuition cannot be discharged in bankruptcy. I suggest you give them a call and work out a payment plan based upon your hardship. They will look at your expenses and see what disposable income you have. They will then base payments on that disposable income. Good luck.
    Answer Applies to: California
    Replied: 7/12/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    It may depend on how the debt was incurred. If it is a loan guaranteed by a state or federal government entity, it would not be dischargeable in a bankruptcy.
    Answer Applies to: California
    Replied: 7/12/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Student loans aren't discharegeable in BK. You need to work out a voluntary repayment plan that will work for you.
    Answer Applies to: Washington
    Replied: 7/12/2011
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