Unfortunately yes. Student loan debt is not discharged in bankruptcy unless you file an additional action called an adversary proceeding. You have to prove that not only can you not pay it now, you can never pay it. The standard is extremely high.

Answer Applies to: California
Replied: 10/26/2011

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Student loans are generally non-dischargeable in bankruptcy. There is a limited exception when there are facts of an undue hardship. This requires filing a lawsuit in the bankruptcy case. The lawsuit is called an adversary proceeding.

Answer Applies to: California
Replied: 10/25/2011

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Student loans are for the most part non-dischargeable. This means that they can still employ collection attempts even after you file the bankruptcy.

Answer Applies to: Virginia
Replied: 10/25/2011

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Yes, the creditor can still collect education loans even if you file for bankruptcy.

Answer Applies to: California
Replied: 10/24/2011

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Student Loans are not dischargeable in bankruptcy.

Answer Applies to: California
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Student loans guaranteed by a government entity and there are private loans which fit in this classification cannot be discharged in bankruptcy. Therefore, they can collect on student loans afterwards as the debt was not discharged.

Answer Applies to: California
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

With rare exception, student loans are not discharged in bankruptcy.

Answer Applies to: California
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.