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Mercado & Hartung, PLLC | Christopher J. Mercado
generally, student loans are not dischargeable. however, in a ch 13, they will be held at bay for 5yrs (interest keeps piling up though)
Answer Applies to: Washington
Replied: 8/25/2011
Financial Relief Law Center | Mark Alonso
In general, filing for bankruptcy will not allow you to discharge your student loans. Only in certain rare cases in which you would have to show a severe undue hardship would that be allowed. If you feel that you could not maintain a minimal standard of living if you had to repay these loans, that this situation will persist and you don't foresee it changing anytime soon, and if you can show that you've already made a good faith effort to make payments on this debt but simply could not continue to do so, then you may have a case to get them removed. You should note that it is generally difficult to establish all 3 of these and that courts don't grant relief regarding this very easily.
Answer Applies to: California
Replied: 7/25/2011
Theodore N. Stapleton, PC | Theodore N. Stapleton
Student loans are generally not dischargeable but you could file a chapter 13 and argue hardship.
Answer Applies to: Georgia
Replied: 7/25/2011
Breckenridge and Walton | Alan D. Walton
As a general rule, student loans are NOT dischargeable in bankruptcy. You are stuck with them for life.
Answer Applies to: Michigan
Replied: 7/25/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Those are not dischargeable absent exceptional circumstances. Even getting part of them discharged is very difficult.
Answer Applies to: California
Replied: 7/24/2011
Everett Walton, Attorney at Law | Everett Walton
Bankruptcy will not get rid of your student loans.
Answer Applies to: Hawaii
Replied: 7/24/2011
The Law Office of Mark J. Markus | Mark Markus
Student loans are only dischargeable if you can prove, after trial, "undue hardship" as that term is defined by the courts in your jurisdiction. To obtain a discharge based on undue hardship in the Ninth Circuit (which includes California) you must prove all of the following: 1. **that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans; 2. that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and, 3. that you made good faith effort to repay the loans. The above is known as the "Brunner Test" named after an appeals court decision by that name. Courts do have the authority to issue partial discharges of student loans, in cases where the debtor shows the ability to repay some, but not all, of the loans. This is a huge improvement in the ability to possibly discharge some of these debts, but all three of the above factors must be still be met. It is very difficult to prove all the necessary elements.
Answer Applies to: California
Replied: 7/24/2011
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Absolutely NOT. You must pay your student loans. Student loans cannot be discharged.
Answer Applies to: Washington
Replied: 7/24/2011
Benson Law Firm | David Benson
Very unlikely. Student loan debts are generally nondischargeable without a strong showing of "undue hardship," a very tough standard to meet. However, you may be able to keep your student loan creditors at bay through a Chapter 13 bankruptcy, during which they will be paid at least a nominal amount during the 3-5 years you are paying into the Chapter 13 plan.
Answer Applies to: Ohio
Replied: 7/24/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Student loans must be paid in full and are not dischargeable.
Answer Applies to: California
Replied: 7/24/2011
Ferguson & Ferguson | Randy W. Ferguson
Most student loans cannot be discharged.
Answer Applies to: Alabama
Replied: 7/24/2011
The Northwest Debt Relief Law Firm | Thomas A McAvity
Probably not. The threshold for discharge of student loan is pretty difficult to meet and is normally an all or nothing proposition. In meeting with a bankruptcy attorney, you may want to discuss chapter 13 which can normally be used to discharge all of your other debts and keep your student loan lenders from bothering you for five years.
Answer Applies to: Oregon
Replied: 7/24/2011
Tucker Legal Clinic | Samuel Tucker
No, generally federally insured student loans are nondischargable, but relief from other debt should let you pay off the student loans.
Answer Applies to: Mississippi
Replied: 7/24/2011
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
No student loans cannot be erased through Bankruptcy unless you can prove EXTREME HARDSHIP.
Answer Applies to: New York
Replied: 7/24/2011
Cartwright Law Firm | Andrea Cartwight
Unfortunately, student loans are generally not discharged in bankruptcy. To have a student loans discharged through bankruptcy, you must prove a very difficult standard called undue hardship. Basically, you must prove that repaying your student loans will create a severe hardship upon you and/or your dependents. A separate complaint called an adversary proceeding must be filed against your student loan in bankruptcy court. When deciding whether there will be an "undue hardship", the courts considers several factors in making this determination like your income and expenses, your age, employability, time to repay the loans, how long your financial problems may continue and whether you have made a good faith effort to repay your loans. However, even if you are unable to fully discharge your student loans, there are many other options for dealing with student loans including deferrments and "income-senstive" repayment plans. You should address your financial problems with a bankrupty lawyer who will be able to properly guide you through this difficult time. Bankruptcy attorneys know the law and can help you get the most benefit out of filing for bankruptcy.
Answer Applies to: Michigan
Replied: 7/24/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
Unlikely. Student loans are discharegable only if paying the student loans are an extreme hardship. To qualify as an extreme hardship you would have to show that you are faced with either paying the student loan or rent, and only to the extent it is a hardship.
Answer Applies to: California
Replied: 7/24/2011
Apple Law Firm PLLC | David Goldman
Generally you can not get rid of student loans. There are some exceptions, but they are very limited.
Answer Applies to: Florida
Replied: 7/24/2011
Law Offices of Joseph A. Mannis | Todd Mannis
Non-dischargeable unless you can show severe hardship (as in you cannot work in any capacity). Sorry for the bad news.
Answer Applies to: California
Replied: 7/24/2011
Carballo Law Offices | Tony E. Carballo
Probably not unless you are permanently unable to perform any significant work due to disability and you have exhausted all options available to reduce and defer payments. Don't count on it. You can probably get rid of you other debts in bankruptcy.
Answer Applies to: California
Replied: 7/24/2011
Advanced Litigation Services | Joseph Iarussi
No. Student loans are not dischargeable, but other unsecured debt (credit card, pay day loans ) are dischargeable.
Answer Applies to: Nevada
Replied: 7/24/2011
Bird & VanDyke, Inc. | David VanDyke
Generally student loan debt is not dischargeable. Only under very extreme hardship can it be discharged and this requires more than just filing.
Answer Applies to: California
Replied: 7/23/2011
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
Under current law, it is almost impossible to discharge student loan debt. If you are current on your student loans, you may be eligible to participate in an income sensitive repayment plan through the Department of Education. Bankruptcy is generally not a way to deal with student loan debt unless you have the ability to pay your student loans and your other unsecured debt through a 5 year repayment plan.
Answer Applies to: Alabama
Replied: 7/23/2011
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
Unfortunately, you cannot discharge your student loan debts. However, you can work out a payment plan based on your disposable income. Definitely call them and see what they can offer you.
Answer Applies to: California
Replied: 7/23/2011
Ashman Law Office | Glen Edward Ashman
Student loans are not discharged in bankruptcy. (There is a limited narrow hardship exemption which is pretty much only going to apply to someone so disabled that they can never work for life, and who has essentially no assets or income).
Answer Applies to: Georgia
Replied: 7/23/2011
Law Office of Maureen O' Malley | Maureen O'Malley
Not unless you're unable to work at all.
Answer Applies to: Virginia
Replied: 7/23/2011
Florio Law Firm, PLLC | Amber Morgan Florio, Attorney at Law
You may file a bankruptcy to discharge all of your unsecured debt. You may file a bankruptcy even if you have outstanding student loans. However, a bankruptcy will NOT discharge your student loans.
Answer Applies to: Texas
Replied: 7/23/2011
Raxter Law | Jeremiah Raxter
Generally, student loans are not dischargeable ( you will remain liable).
Answer Applies to: California
Replied: 7/23/2011
Symmes Law Group, PLLC | Richard James Symmes
Student loans are generally not dischargeable in bankruptcy
Answer Applies to: Washington
Replied: 7/23/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Student loans are NOT dischargable through bankruptcy unless you are under "extreme hardship" which is a threshold that basically means you are disabled, no income and likely would never be able to make any meaningful income.
Answer Applies to: Indiana
Replied: 7/23/2011
Harkess and Salter, LLC | Stephen Harkess
No. Student loans will not be dischargable in bankruptcy (inwhole or in part)unless you are permanently disabled.
Answer Applies to: Colorado
Replied: 7/23/2011
