Will I be able to erase my student loans if I file for bankruptcy? 34 Answers as of June 03, 2013

I need to get rid of my student loans, because I am already in so much debt. Is it possible for my file to cover those debts or at least part of it?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No.
Answer Applies to: California
Replied: 6/3/2013
Mercado & Hartung, PLLC
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
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, 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
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 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, 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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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
    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.
    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
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No.
    Answer Applies to: California
    Replied: 7/23/2011
    Melinda Murphy Dionne, PC
    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
    Ashman Law Office
    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 Xochitl Anita Quezada
    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
    Florio Law Firm, PLLC
    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
    Law Office of Maureen O' Malley
    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
    Raxter Law
    Raxter Law | Jeremiah Raxter
    Generally, student loans are not dischargeable ( you will remain liable).
    Answer Applies to: California
    Replied: 7/23/2011
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