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.
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.
No, you can't get out of paying a student loan by filing 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.
Yes. Federally funded student loans are not dischargeable in bankruptcy.
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.
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.
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.
You pay it.
In the US, yes
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
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.
Only if the bankruptcy is currently discharged.
You will be responsible for the loan payments
If you have just filed bankruptcy, you will not be barred from ever obtaining a mortgage loan; however, you will not be able to get one immediately. When you can get a mortgage after bankruptcy will depend upon the type of loan you want, the type of bankruptcy you filed, and how good your credit is at the time you want the loan.
Yes. Discrimination against a person for having filed for bankruptcy is prohibited especially for student loan applications.
If you are due a refund for taxes filed for the 2005 tax year, that refund can be siezed to offset the student loan - and every refund after that too.
Student loans, no. A SBA type loan...probably
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.
You are going to need approval from the trustee handling your finances, but you can get a used car loan if you recently filed for bankruptcy. There will be drawbacks though: e.g. the interest rate and insurance rate will be significantly higher.
I believe that student loans are a category of debt that is not dischargable in bankruptcy. The bankruptcy will show up on any credit reports, 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.
Nothing unless they filed on your loan.
If you can find a lender who will accept your signature, sure. Unlikely.