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Mercado & Hartung, PLLC | Christopher J. Mercado
Generally, no. SL are not dis chargeable.
Answer Applies to: Washington
Replied: 3/5/2012
Law Office of Susan G. Taylor | Susan G. Taylor
Unfortunately, your student loans will not be discharged. To qualify for a hardship discharge is extremely difficultyou would need to file an adversary proceeding to prove your hardshipit's basically the same threshold as proving disability sufficient to obtain Social Security benefits.
Answer Applies to: Texas
Replied: 2/21/2012
HERNANDEZ & SUAREZ, PL | YAHIMA SUAREZ
Student loans do not get discharged under bankruptcy law.
Answer Applies to: Florida
Replied: 2/20/2012
Ipson Law Firm, PLLC | Michael Ipson
Most likely your student loans will not be discharged in bankruptcy. You options are limited beyond making more money or deferring until you can make more.
Answer Applies to: Utah
Replied: 2/20/2012
The Law Office of Darren Aronow, PC | Darren Aronow
No, student loans are not dischargeable.
Answer Applies to: New York
Replied: 2/20/2012
J.M. Cook, P.A. | J.M. Cook
Your student loan is not dischargeable in Chapter 7 or 13.
Answer Applies to: North Carolina
Replied: 2/20/2012
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The student loan debt remains. It takes another proceeding to even try to get it discharged or reduced. It is extremely difficult to do. Look into the Ford program.
Answer Applies to: California
Replied: 2/20/2012
Anthony Saunders Esq., PLLC | Anthony M. Saunders
It is possible to get student loan debt discharged in very rare circumstances. Without knowing the details of your case specifically, it is hard to say what a court could decide on your case. You should speak to a qualified bankruptcy attorney about your loans and see if you would meet any of those situations.
Answer Applies to: Utah
Replied: 2/17/2012
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Most student loans are not discharged in chapter 7. However, if there is undue hardship student loans can be discharged by filing an adversary proceeding, that is to say a lawsuit, in the bankruptcy. Consult with an attorney to see whether it makes sense to try to get a discharge of student loans based on hardship.
Answer Applies to: California
Replied: 2/17/2012
The Law Office of Marvin Wolf | Marvin Wolf
Because of the 2005 Bankruptcy Act (BAPCPA), both public and private student loans are currently not dischargeable in Chapter 7, or at all, unless the debtor has a severe permanent disability (which would serve as a defense even outside of bankruptcy). I have been pushing Congress to do something about this (I visited Congress earlier this month on this very issue) and some bills are being proposed, but the chances of passage in this political climate are not very good. You can call your local NJ Congressman and ask him to support H.R. 2028 - "The Private Student Loan Bankruptcy Fairness Act" sponsored by Tennessee Representative Steve Cohen and your NJ Senators to support S.1102 "Fairness for Struggling Students Act of 2011" sponsored by Illinois Senator Durbin.
Answer Applies to: New Jersey
Replied: 2/17/2012
The Law Offices of Kristy Qiu | Mengjun Qiu
Most certainly not unless you can claim undue hardship, which is next to impossible to prove. Even if you were successful in claiming UH, they won't discharge it altogether, they will only extend the repayment period of the loan, maybe suspend it until you get back on your feet, and they will certainly evaluate your situation every 6 months or so to reassess the UH.
Answer Applies to: Florida
Replied: 2/17/2012
Neuhaus Law Office | Gregory M. Neuhaus
Most government insured student loans will not be discharged in Chapter 7 Bankruptcy. There are some exceptions. There are several options for dealing with student loans and your lender will give you a list of those. See if you qualify. Good luck to you.
Answer Applies to: Nebraska
Replied: 2/17/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Unfortunately, student loans are generally not dischargeable in bankruptcy. Your best option would be to try work something out with a student loan lender.
Answer Applies to: Indiana
Replied: 2/17/2012
Philip R. Boardman, Attorney at Law | Phil Boardman
Student loans are non-dischargeable.
Answer Applies to: Virginia
Replied: 2/17/2012
Dan Wilson Bankruptcy | Dan Wilson
Student loans are VERY rarely dischargeable. There is no good solution. The student loan bubble is the next financial crisis.
Answer Applies to: Colorado
Replied: 2/17/2012
CS Hansley Law Firm | Chris Hansley
Student loans are difficult, but not impossible, to discharge in bankruptcy. To do so, you must show that payment of the debt will impose an undue hardship on you and your dependents.
Answer Applies to: Florida
Replied: 2/17/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
No, unless you can prove substantial hardship.
Answer Applies to: Georgia
Replied: 2/17/2012
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Generally no, student loans are almost impossible to discharge. Try calling your lender and see if there is an income contingent plan you can go on, or one where the payments are lower now and get higher as you go along. You also could try and see if you are eligible for a deferral. Good luck!
Answer Applies to: Michigan
Replied: 2/17/2012
Bodow Law Firm PLLC | Ted Araujo
If you are in default on your student loans you must contact the agency collecting them to get a payment plan or deferral. It is very difficult to discharge student loans. You not only have to file the bankruptcy and get a discharge, but you have to sue the lender in the bankruptcy and get a court order stating that all or part of the student loans are dischargeable. The analysis is very fact specific and goes on a case by case basis, but it is very difficult to show that the student loans should be reduced or discharged in bankruptcy in New York.
Answer Applies to: New York
Replied: 2/17/2012
Law Offices of Robert P. Taylor | Robert P. Taylor
Student loans are generally not dischargeable in bankruptcy. I really know of no good way to deal with them. Sorry.
Answer Applies to: California
Replied: 2/17/2012
Ashman Law Office | Glen Edward Ashman
Your student loans are not affected at all by Chapter 7. You still must pay them.
Answer Applies to: Georgia
Replied: 2/17/2012
Diefer Law Group, P.C. | Abel Fernandez
No, students loans are not discharged in a chapter 7 unless you can prove extreme hardship which is very hard to do.
Answer Applies to: California
Replied: 2/17/2012
Kenneth A. Parker, P.C. | Ken Parker
No. Student loans are considered a non-dischargeable debt except in extreme circumstances. You can include them in a chapter 13 debt repayment plan but even then the debt has to be paid 100%.
Answer Applies to: Georgia
Replied: 2/17/2012
Weber Law Firm, P.C. | William Weber
No. Student loans are not dischargeable in bankruptcy unless you file a lawsuit to have them declared an "undue hardship."
Answer Applies to: Texas
Replied: 2/17/2012
The Smalley Law Firm, LLC | Cary Smalley
No, student loans are generally not dischargeable in bankruptcy. You might want to look into forbearance or consolidation.
Answer Applies to: Kansas
Replied: 2/17/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
Student loans are not dischargeable. You only options are to defer them or pay them.
Answer Applies to: California
Replied: 2/17/2012
Law offices of John P. Brooke | John Brooke
Student loans are not dischargeable in most circumstances. You would have to bring a special proceeding in the bankruptcy to show that paying them back would be an extreme hardship and you would have no ability to pay them back ever again.
Answer Applies to: New York
Replied: 2/17/2012
Law Office of Nancy L. Jackson, LLC | Nancy L. Jackson
Unfortunately student loans are not dischargeable. Actions have been filed attempting to discharge them but the standard to show that there is significant disability or hardship that prevents payment is so extreme that success is minimal.
Answer Applies to: Missouri
Replied: 2/16/2012
Guardian Law Group PLLC | C. David Hester
No, student loans are not dischargeable.
Answer Applies to: Utah
Replied: 2/16/2012
Law Office of Eric Ridley | Eric Ridley
Very unlikely. Unless you can prove extraordinary hardship or fraud, most student loan debt is not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 2/16/2012
The Law Office of Gary Polston | Gary Polston
Student loans are not generally discharged with a Chapter 7 Bankruptcy.
Answer Applies to: California
Replied: 2/16/2012
