Question

Can I exclude federal loans from my bankruptcy?

I have been seriously thinking about chapter 13 bankruptcy. Is there a way that I exclude my federal loans from the bankruptcy proceeding but include other personal loans?
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Lorene Lynn Mies, APLC
Lorene Lynn Mies, APLC | TheBankruptcyMinute.com
38975 Sky Canyon Drive Ste# 204 - Murrieta, CA 92563 | 866-703-5874
All liabilities must be included. If your federal loans are student loans they can not be discharged.

Answer Applies to: California
Replied: 8/27/2010

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.

Answered By: Diefer Law Group, P.C.
It depends on the federal loans. If you mean student loans, if the term of the loan repayment exceeds your chapter 13 plan, you don't have to repay that loan in your bankruptcy.

Answer Applies to: California
Replied: 8/26/2010

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.

Answered By: The Law Office of Mark J. Markus
I'm not sure what you mean by federal loans, but you must list all assets and all debts in any bankruptcy case. Whether or not those debts are dischargeable is another question altogether.

Answer Applies to: California
Replied: 8/25/2010

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.

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