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Asked 4/24/2009

Can I file for bankruptcy if I have defaulted student loans?

What do I need to qualify for bankruptcy? Will it cancel out some or all of the 42,000 in loans that i have?

 
 
 
 
Answers

Answer 1/7 - Submitted 1/30/2012

Unfortunately, student loans are not dischargeable in a bankruptcy proceeding. If your main source of debt is student loans, then bankruptcy won't do much to solve that problem.

You could possibly attempt to have student debt discharged in a bankruptcy through an adversary proceeding where you would show hardship and ask that the student loans be discharged. However this is seldom done and you would need to convince a judge to approve it which would probably not be easy.

When Congress wrote the bankruptcy laws, they made sure that the debts to the government could not be easily wiped out, even though the debts for all other creditors are wiped out.

 
 

Answer 2/7 - Submitted 1/30/2012

It's next to impossible to discharge student loan debt.

Have you considered joining the military? Each branch has a version of the SLRP, or Student Loan Repayment Program. This can cover up to $65,000 in student loans, depending on what staffing shortages/needs are when you enlist/what your skills are. You can read more here: http://www.military.com/Resources/ResourcesContent /0,13964,44245--,00.html

 
 

Answer 3/7 - Submitted 1/30/2012

Bankruptcy will not wipe out your student loans. However, your student loan provider can go after you to pay them, including all your assets or by taking money out of your social security check if you receive these benefits. Ask your bankruptcy lawyer the best way to handle this situation; if you have an experienced lawyer they should be able to advise you on the best way to handle this debt.

 
 

Answer 4/7 - Submitted 1/31/2012

No, as others have indicated, you cannot discharge student loan debt in bankruptcy. Your options are limited, but you might have a few, depending upon what type of debt this is. Generally, debt issued by the Federal government is easier to deal with if you run into trouble paying.

The government has many forgiveness programs available, and sometimes you can negotiate to temporarily lower your payment amount, or put the loan into deferment. Moreover, going into certain occupations will forgive part of your loan outright. Teachers, government workers, and military personnel are entitled to receive write offs of Federal debt after they have served for awhile. Another benefit of newer government loans is the ability to cap your payments at a percentage of your gross income, usually around 10-15% of your paycheck.

Private loans are much nastier to deal with, and they have contributed greatly to the student loan problem in this country. These are essentially like credit card debt with no recourse. All you can do is try to negotiate with the lender to put the loan into deferment or lower your payments.

Otherwise, there's not much choice but to let it run its course. Once it goes into default, the lender is likely to sell the debt to a collections agency. If worse comes to worst, you'll have your wages garnished or possible assets like homes seized. The latter is rare. Wage garnishment is what typically occurs, and it isn't pleasant, but it's often the only way if the size of the loan is more than you could ever pay.

 
 

Answer 5/7 - Submitted 3/3/2012

No, sorry but student loan last forever. It used to be that lawyers/doctor would borrow huge amount of money to fund their education and when they were done, they would file for bankruptcy. This cause the bank to lose millions so Congress made student loans last forever. Yea, it suck, but the policy is not going to change.

 
 

Answer 6/7 - Submitted 3/21/2012

Unfortunately, I don't think you get to discharge student loan debts during bankruptcy proceedings. You're stuck with them. Otherwise, you'd have every Tom, Dick and Harry who finished law school, med school, etc. declaring bankruptcy the second the degree was in their hands.

 
 

Answer 7/7 - Submitted 3/21/2012

No, I am sorry to say - just like my fellow members said above - you cannot resolve your student loan debt in bankruptcy.

According to HRSA, the student loan debt in USA is enormous, what means you are at least not alone. Moreover, there are ways to get out of trouble, if you do not want to be hunted by it for the rest of your life.

Legally and generally, student loan is a non-dischargable debt and you are still responsible for paying the loan although you start a bankruptcy proceeding and also receive a discharge of debts.

Yet, the educational loan can be dischargable in only one exception: when the denial of a discharge imposes a hardship on the debtor and his dependent.

I warmly recommend you to consult your Ombudsman, who is at disposition of students in debt to help resolving loan disputes and difficulties only informally. Ombudsman actually simplify the process by offering creative alternatives of possible solutions for borrowers in need of assistance.

Wish you a best of luck!

 
 
 
 
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