Will bankruptcy remove my son’s student loans? 25 Answers as of June 20, 2011

My son is still a dependent on my tax filings because he graduated early. He can’t pay his loans, can I declare bankruptcy and have his loans removed?

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Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Sorry. Student loans aren't dischargeable unless the borrower is completely disabled.
Answer Applies to: Virginia
Replied: 6/20/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
Probably not. Only in the most unusual of circumstances can you discharge student loans. Likely not going to happen.
Answer Applies to: Arizona
Replied: 6/17/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
No. Student loans are not discharged in bankruptcy except in extraordinary cases.
Answer Applies to: Illinois
Replied: 6/17/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Student loans are generally not dischargeable in bankruptcy.
Answer Applies to: Oregon
Replied: 6/17/2011
Saedi Law Group
Saedi Law Group | Lorena Saedi
No. Student loans are almost never dischargeable. Your son will need to contact the lender and set up payment arrangements even if it is $50.00 per month.
Answer Applies to: Georgia
Replied: 6/17/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Student loans are not dischargeable in bankruptcy. Further, if they are your son's loans, your filing a bankruptcy will have no bearing on them. Also be aware that government regulations allow about a 25% penalty if the loans go into formal default.
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Student loans are not dischargeable in bankruptcy unless you can show undue hardship.
    Answer Applies to: Pennsylvania
    Replied: 6/17/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Unfortunately, you can't generally go bankrupt on student loan, with very, very few exceptions. Also, if they are his loans, meaning he signed for them and not you, your going bankrupt what not eliminate any debt he individually has taken on, even if he is your dependent and under 21. If you signed for them, you are probably stuck with having to pay for them. You should consult with a bankruptcy attorney to see if perhaps you fall into one of the very narrow exceptions that allow you to discharge them, many bankruptcy attorneys will either speak to you over the phone or do a free initial consultation. Good luck to both of you!
    Answer Applies to: Michigan
    Replied: 6/17/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Bankruptcy doesn't help with student loans.
    Answer Applies to: Virginia
    Replied: 6/16/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Student loans non-dischargeable in bankruptcy, unless you can show severe hardship, like a serious disability.
    Answer Applies to: California
    Replied: 6/16/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You're asking if YOUR bankruptcy will eliminate your SON's obligations on a student loan? The answer is no. Student loans are not even dischargeable (except in rare circumstances) in a case filed by the obligor. Bankruptcy only affects the obligation to pay debts of the party filing the bankruptcy. If it could eliminate other people's debts, only one person would need to file bankruptcy and everyone else in the world would benefit.
    Answer Applies to: California
    Replied: 6/16/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Student loans are non-dischargeable in bankruptcy unless they are not federally funded.
    Answer Applies to: Connecticut
    Replied: 6/16/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    Student loans are not dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    In the absence of extreme hardship, student loans are not discharged in bankruptcy.
    Answer Applies to: California
    Replied: 6/16/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Student loans are not dischargeable in bankruptcy unless you can show that your son is not capable of working due to a medical illness or condition.
    Answer Applies to: Washington
    Replied: 6/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Most likely not. Student loans are not dischargeable in bankruptcy unless it imposes a hardship. The hardship standard is essentially whether requiring you to pay the student loans will not leave you enough money to pay rent or for food - high standard.
    Answer Applies to: California
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No. Student loans are almost always non-dischargeable in bankruptcy.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Student loans are not typically dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 6/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Student loans are generally not dischargeable. If they are, then the person who signed for the loan must file to discharge the debt. If you both signed, then you would both need to file. That said, it is highly unlikely that he can eliminate those debts.
    Answer Applies to: California
    Replied: 6/16/2011
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