What would you like to do?
Can you have student loans and still file chapter 7 bankruptcy?
Yes, but the student loans don't get cancelled: you still have to pay those.
Was this answer useful?
Thanks for the feedback!
If your vehicle is stolen prior to filing chapter 7 bankruptcy can you still file the remaining loan amount?
Yes... but make sure you get an attorney. It may get complicated.
It probably doesn't matter since most student loans are non-dischargeable (see 11 USC 523(a)(8), which says that student loans may NOT be discharged in bankruptcy if th…ey are "for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor�s dependents."). If they are of the dischargeable nature (rare), I normally put them on Schedule F as an unsecured, non-priority creditor. If they are of the non-dischargeable variety (which is most of them), I normally list them on Schedule E and list them as a "tax or other governmental loan." Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Yes, you need to list student loans on your bankruptcy petition. You will need to list them on Schedule F. you have to be sure to note this debt on the Statistical Summary (Form 6) under type of liability "Student Loan."
Can you file chapter 7 and not include your student loans in the bankruptcy since they are in deferment and also continue getting student loans while in college?
Answer I believe that student loans are a category of debt that is not dischargable in bankruptcy. The bankruptcy will show up on any credit re…ports, and you may subsequently be unable to et additional loans. I filed for bankrupcy in 1998. I was able to obtain Student Loans despite the bankruptcy in 1999-2000. My past credit history was not considered when determining my student loan application.
Your husband is filing chapter 7 bankruptcy and you are not but you are a co-borrower on his loans will you still be responsible?
Answer In most states, YES
If the cosigner on a student loan files bankruptcy is he still liable for the student loan he cosigned?
Answer bankruptcies do not wipe out student loans by federal law, unless you can prove extreme inablilty to repay them
I filed bankruptcy under Chapter 13. Student loans were discharged under hardship. Do I still have to pay them?
Answer #1 Chapter 13 is "reorganization" plan for payment. Student loans were within the plan for payment? or were they discharged within another bankruptcy? norm…ally student loans are not dischargable, (11 U.S.C. sec. 523(a)(8) bankruptcy:) there are two exceptions: 1: loans are not from any governmental agency unit or non profit 2: paying the loan will impose an undue hardship to dependents.
Probably not...for many reasons. First, in todays financial world, even well qualified people, with reasonable equity in their homes, and who have paid back heir ot…her creditors on time and have no real chance of liens or judgments or losing assets have a tough time getting loans. You are in BK. EVERYTHING you own, and EVERYTHING you owe is included. (If you didn't include/report things, it will likely turn up, and can be considered fraud or at least contempt and certainly will lilley have your case dropped. Your assets and debts are classified, with some things perhaps being classed as exempt, and what you own is liquadated to pay what you owe...and the rest of what you owe discharged. The house will be sold to provide funds for those you owe. The equity ISN'T yours....it is actually those you owe and haven't paid. While some portion of the house may be "homesteaded" or exempt...well, that is exactly the portion you can't use as collateral on a loan, because the lender can't get to it. Then of course there is the other aspect....your in BK, you haven't handled credit well...it will cost you a lot if you can find it...and much more than the people who actually manage to pay back what they borrow would consider. You cannot borrow your way out of debt. Whatever the change, making the ones that allow you live within your means is what is called for...live the life you can afford. You can't afford to live on borrowed money. Proved that.
First, you don't file BK on a thing..a loan or a debt...YOU file BK and it effects everything you own and everything you owe. No picking and chosing. Gov't insured or Gur…anteed student loans - which means most all programs - are exempt from discharge in bankruptcy. Therefore, they will not be changed.
Gov't insured or Guaranteed loans are not dischargable.
Government insured or provided student loans are NOT dischargeable.
Govt insured or guaranteed loans are NOT able to be discharged in BK.
Yes, student loans can not be discharged in bankruptcy. You can consolidate your loans and get a smaller payment.
yes, you are eligible, but be careful not to get back into debt.
If they are gvernment insured or guaranteed, they CANNOT be discharged. It i one of the big exceptions.
When you file chapter 7 bankruptcy and have a private student loan is it discharged with everything else?
Unfortunately no. Both private and federal student loans can not be discharged in Chapter 7 bankruptcy.
I have been through Chapter 7 twice and both times was unable to claim my Student Loan.