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I am trying to figure this out myself as I have recently filed bankruptcy and both my husband and I are students. There is a portion of the bankruptcy code that makes it illegal for government agencies to refuse student loans to those who have filed bankruptcy. So, as far as getting Title IV funding, such as government backed loans, you should still be able to get them. Title IV loans are not granted based on credit worthiness and therefore should be given to those who have filed banlruptcy, as long as there are no other eligibility issues, such as a student loan in default, drug conviction, etc.

If you want to get a loan from a private lender, then they are under NO obligation to give you a student loan if you have filed bankruptcy or have other credit problems. For example, the Plus! loans that are available to parents are based on creditworthiness, so a bankruptcy would affect your ability to get this type of loan.

As far as my student loan after bankruptcy, I did have to fill out additional paperwork and am still awating the results. I will post again after I find out what happens.

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2011-09-12 14:55:53
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Q: Can you get a student loan if you have filed bankruptcy?
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If my parents have filed bankruptcy chapter 13 can a student get student loan?


Can you still get a student loan if you are in default on another loan and you just filed bankruptcy?

No. and Yes. The default on your prior student loan must be addressed and the loan rehabilitated before you're eligible for more student loans. The bankruptcy would only affect you if you had a defaulted student loan that was written off in the bankruptcy. Otherwise, bankruptcy doesn't prohibit you from applying and received federal student loans. Student loans are NOT automatically written off in bankruptcy and take extra steps with the courts.

Can you discharge a student loan on bankruptcy?

No, you can't get out of paying a student loan by filing bankruptcy.

What is meant by student loan bankruptcy?

Student loan bankruptcy happens when a student has not been a student for the last 7 years and declares bankruptcy. For more information please contact a student loan office.

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.

Can a Government official come and collect on a student loan that was filed in bankruptcy over 15 years ago?

Ugh. This question is a loaded minefield. I will say this, that up until 1996, you could discharge a student loan in a bankruptcy if it was over 7 years old. Was your past student loan discharged in the past bankruptcy? It's hard to say. You need to inform them that you filed bankruptcy 15 years ago and plead your filing as an affirmative defense. You may have to re-open your old bankruptcy case and litigate the issue. Do speak to an attorney.

Can you file bankruptcy on Sally Mae student loan?

No. Under no bankruptcy scheme will student loan obligations be dischargeable. Rather, they will remain with you until they are paid off and just because you have filed for bankruptcy does not mean that the loan interest rates will stop either. This is a debt you should attend to as soon as you can and if it is a major reason for your filing for bankruptcy then I urge you to reconsider and speak with an attorney first.

Student loan after bankruptcy?

You pay it.

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.

An you get a student loan after bankruptcy?

In the US, yes

Can a private student loan be filed on bankruptcy?

No you can't since it is for education and not for profitable activity. you may not receive your degree or loose your job if you are already working.

Can a student loan be filed in bankruptcy?

No you can not but if you own the school it's self money that was due to classes or books you could file on that portion alone I have done that

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