Student Loans are generally not dischargeable.

Answer Applies to: Washington
Replied: 1/18/2012

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This is language incorporated into a court's order of discharge: Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 12/22/2011

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Most debts are dischargeable in bankruptcy'; the exact nature and type of debts that can be discharged is found in the Bankruptcy Code. As a rule, certain classes of debts such as government obligations like student loans guaranteed by the US Department of Education are non-dischargeable. If student loans would be the primary driver of your bankruptcy then you should speak with an Attorney in your area first.

Answer Applies to: Illinois
Replied: 12/21/2011

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Student loans are not dischargeable in bankruptcy. You might consider filing a chapter 13 payment to structure repayment or simply make arrangements with the lender. You may want to consult with an attorney to find out whether other debts can be discharged in bankruptcy.

Answer Applies to: California
Replied: 12/21/2011

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Unless you can demonstrate to the court you are sufficiently disabled to prevent you from ever having the capacity to repay your student loans they will not be dischargeable in bankruptcy. Typically, unsecured debt incurred within six months of filing your bankruptcy will not be dischargeable, otherwise it is (credit cards are the usual form of unsecured debt). You should consult with a bankruptcy attorney about your financial situation to determine if filing for bankruptcy is right for you.

Answer Applies to: Massachusetts
Replied: 12/21/2011

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Student loans cannot be discharged so if that is your only debt, then don't look to file bankruptcy.

Answer Applies to: Colorado
Replied: 12/21/2011

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Easiest way is to talk to a qualified Bankruptcy attorney. Otherwise the answer depends on which exemption you take, Federal or State and that determination is dependent on which is in your best interest and that is why good legal help is necessary.

Answer Applies to: Minnesota
Replied: 12/21/2011

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Bankruptcy will not help with your student loans. They are not dischargeable.

Answer Applies to: Colorado
Replied: 12/21/2011

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Student loans are not dischargeable. Most other unsecured debt is dischargeable.

Answer Applies to: New York
Replied: 12/21/2011

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Your student loan almost certainly won't be discharged. You'd have to show "substantial hardship" which is a very difficult test - very few people meet it - usually severely disabled people might.

Answer Applies to: Illinois
Replied: 12/21/2011

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Student loan debt is near impossible to discharge. There are only dischargeable upon a showing of hardship and the Courts have taken a very strict view in defining what a hardship is. Google 11 usc 523 for a list of other debts that are not dischargeable. The list is slightly different if you file Chapter 13.

Answer Applies to: North Carolina
Replied: 12/21/2011

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Student loans are not dischargeable in a bankruptcy unless you can prove you have a hardship and have no chance of being able to pay them back over your lifetime. Basically, you can only discharge the student loans if you are essentially a vegetable and have no ability to work for the rest of your life. This is usually what I tell my clients when they ask me if they can discharge student loans.

Answer Applies to: New York
Replied: 12/20/2011

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Student loans are generally not dischargeable unless you have a permanent disability and have tried everything possible to modify the payments. Even if that applies, you would need to file a special lawsuit in bankruptcy and it will be expensive and will depend on what the judge determines. Therefore, it is extremely difficult to discharge student loan debts. Credit cards, personal loans, debts associated with repossessed vehicles and second loans on property lost in foreclosure are dischargeable in bankruptcy.

Answer Applies to: California
Replied: 12/20/2011

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Student loans are not dischargeable in bankruptcy absent a showing of extreme hardship. Your best bet is to look into alternative payment plans and/or consolidation of student loans.

Answer Applies to: Indiana
Replied: 12/20/2011

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Student loans are very difficult to discharge. Try the Ford program.

Answer Applies to: California
Replied: 12/20/2011

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Consult with a credit counseling service that may be able to help you work it out without having to file and you cannot avoid those student loans but you may be able to negotiate with them.

Answer Applies to: Georgia
Replied: 12/20/2011

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Student loans and taxes may not be discharged.

Answer Applies to: California
Replied: 12/20/2011

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Student loan is one debt that is extremely hard to discharge ever since congress revised the bankruptcy code in the 90s. There is a 3 prong test, and it's next to impossible to prove. As far as my knowledge goes only 3 people in south Florida have been able to partially discharge their student loans ever after they revised the bankruptcy code in the 90s, and all 3 of them were mentally disabled. Even these 3 individuals are subject to periodic review to determine their mental capacity and ability to make a living.

Answer Applies to: Florida
Replied: 12/20/2011

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Basically, if you are not permanently disabled, your student loans will not be discharged in bankruptcy. If you are permanently disabled, then you need to get an attorney to help you with the process of establishing the discharegability of the debt. In that event, you should be able to get help from Legal Services Corporation or some other taxpayer funded charity legal source.

Answer Applies to: Colorado
Replied: 12/20/2011

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Generally speaking student loans fall under debts which are excepted from discharge. You can, in certain circumstances, have your student loans discharged. However, the burden is on the debtor filing bankruptcy to demonstrate extreme hardship which would arise from the repayment or partial repayment of these loans. This will vary significantly on the particular facts of your case, involving your employment situation, household size, income and expenses as well as other possible variables. While it is a difficult burden to overcome there are cases in NH where debtors have successfully discharged their student loans and I would begin my research with those cases to get an idea of the level of hardship which will be required in order to follow suit.

Answer Applies to: New Hampshire
Replied: 12/20/2011

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Student loans are not dischargeable in bankruptcy.

Answer Applies to: Georgia
Replied: 12/20/2011

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Student loans are not dischargeable in a bankruptcy. You can look up the code section that lists the debts.

Answer Applies to: California
Replied: 12/20/2011

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Student loans are not dischargeable in bankruptcy.

Answer Applies to: California
Replied: 12/20/2011

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Generally, student loans are not dischargeable., unless you are disabled or over 60/65.That requires an adversary action. As to the other debt, it really depends on thedebt, if itis secured by a vehicle, home, or some asset you wish to keep.You should take advantage of a free consultation with an attorney whowill be able to ask you questions, and answer yours to determine if you are qualified to file a bankruptcy petition.

Answer Applies to: Florida
Replied: 12/20/2011

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If the loans are student loans, there is virtually no chance that they can discharged unless congress changes the law. Tuition debts and generic loans that you maybe spent on education are dischargeable. Student loans are almost never dischargeable. In order to get student loans discharged you have to prove that paying them back would be a substantial hardship, and that your circumstances are certain to remain bad forever. Basically, you have to have become disabled with no ability to work ever again.

Answer Applies to: Minnesota
Replied: 12/20/2011

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Student loans are not dischargeable unless you can show "undue hardship".

Answer Applies to: Maryland
Replied: 12/20/2011

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