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It depends upon the type of bankruptcy whether federal or state. In most cases they can be included in the BK but, in certain applicable cases the lender can have the stay lifted and the loan debt excluded from BK.

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โˆ™ 2006-04-04 02:47:30
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Q: Are private student loans dischargeable in bankruptcy?
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Related questions

Can student loans be included in chapter 7 bankruptcy?

Government insured or provided student loans are NOT dischargeable.


Can you put student loans on bankruptcy?

You must list student loans in your bankruptcy. They are not dischargeable, though collections actions are stayed by the automatic stay when the case is filed.


Can you claim student loans when filing personal bankruptcy?

You report all assets and all liabilities. However, government insured or backed student loans are NOT dischargeable.


Do you have to pay back a private student?

Yes. Educational loans fall under the category of "non-dischargeable debts" and do not go away in any type of bankruptcy filing.


Can you file bankruptcy for your student loans and keep your house out of it?

If the student loan is a federal loan and not a private loan then the answer is no. Federal student loans can not be included in bankruptcy, you will always be responsible for repayment of FEDERAL student loans.


Could the US government take the proceeds from the sale of you home if you have a judgment against you because of a student loan and you filed bankruptcy?

Yes. Federally funded student loans are not dischargeable in bankruptcy.


Is a student loan from a bank dischargeable?

If the loan was granted prior to 2005 and was completely private, it may be dischargeable. I do not know many banks that were making such loans, however.


Do you have to include student loans in bankruptcy filing?

can you file student loans on bankruptcy no. But yes you do have to list them in your bankruptcy. And No they will not discharge the debt on them, if they are federal student loans.


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.


How can I find out who purchased my student loans after bankruptcy?

This makes no sense. Sorry. Student loans are not discharged by bankruptcy, and unless the loans are private, they are not sold to other lenders. Typically, loans return to the Loan Service Center of the Department of Education, and are administrated by the Department of Treasury.


Is paying off SallieMae college loan manadatory if you are filing for bankruptcy?

Student loans from any lender are not usually dischargeable in bankruptcy. They will temporarily stop collection during the proceedings, but interest will continue to accrue.


Can student loans be exempt from creditors?

Your outstanding student loans will not be exempt from creditors nor will they be dischargeable (absent exceptional circumstances) in a Chapter 7 or 13 bankruptcy proceeding. This is an important obligation that should be a priority you attend to because it will NOT go away.


Do you still have to pay for student loans when you file a bankruptcy?

Yes, student loans can not be discharged in bankruptcy. You can consolidate your loans and get a smaller payment.


Student loan co signers I filled chapter 7 bankruptcy in Michigan can my name be removed from the sallie Mae student loan that I co signed with my son under Michigan bankrutcy law?

Most student loans are not dischargeable under any chapter of Bankruptcy in Michigan.


Can bankruptcy wipe out child support?

No. Child support and government backed student loans are 2 of the (not many) obligations that are not dischargeable in bankruptcy. Of course, getting rid of other debts you have should make these easier to pay.


Can you declare bankruptcy on consolidated student loans?

I'm a bit unclear as to what you mean by "consolidated". If loans are from private lenders, and have no Federal/State connection, they are probably dischargeable. If they are FAFSA, SLMA, Stafford, or something of that nature, the general ruling is they are not. There are a few exceptions, such as "hardship discharge" because of disability. A bankruptcy attorney could advise in this matter, after reviewing your contractual agreement(s).


Will bankruptcy remove your private student loans?

No, that is the only loan that will not be removed when you become bankrupt or if you pass away.


Do student loans automatically come with filing bankruptcy?

Federal Student loans cannot be discharged in bankruptcy. You must repay them.


In specific detail with all criteria what is the 7 yr rule that replaced the 5yr rule in 1990 at it relates to federally guaranteed student loans and chapter 13 bankruptcy?

You are misinformed. Federally guaranteed student loans are not dischargeable. Period. There is no 7 year rule any more.


Can you file bankruptcy when you get sued for lack of coverage?

Only if you otherwise qualify for bankruptcy. Bankruptcy involves discharging debt. Certain debts are not dischargeable, like back child support, student loans, some taxes. If you are in violation of a state law requiring insurance coverage, filing bankruptcy will not help.


Can you take out more student loans after filing for bankruptcy?

in most cases you can't included student loans in the bankruptcy filing. It would all depend on who your're trying to get the loan from. Some would let you have a loan (like the government student loans and stuff) but if your trying a private place like a bank you might not be able to.


How do you bankrupt your student loans?

Student loans do not qualify for bankruptcy except in certain dire situations.


Who gets my income tax after being discharged from bankruptcy?

If you still owe back taxes, child support or student loans (all non-dischargeable in most cases), they will get it. Otherwise, you'll probably get it.


Do you have to list student loans in bankruptcy?

Yes.


Can you discharge private student loans?

No. Under the old Bankruptcy Code, you could dismiss student loans if they were not government backed or if they were not issued by an entity that receives state money. However, the new Bankruptcy Code does not make this distinction, so under the new Code no student loans are dischargeable, not even private ones. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!