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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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โˆ™ 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?

Yes.


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.


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.


Student loan after bankruptcy?

You pay it.


An you get a student loan after bankruptcy?

In the US, yes


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


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 you apply for a student loan after a filing for bankruptcy?

Only if the bankruptcy is currently discharged.


Your ex has filed bankruptcy and you are a cobuyer on the auto loan what will happen now?

You will be responsible for the loan payments


How hard is it to get a mortgage after chapter 13 discharge?

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.


Can you file chapter 13 and still go to college?

Yes. Discrimination against a person for having filed for bankruptcy is prohibited especially for student loan applications.


If a chapter 13 bankruptcy was dismissed in June of 2005 when could tax refund offset of a student loan be expected?

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.


Will bankruptcy remove government loan debt?

Student loans, no. A SBA type loan...probably


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.


Do you still have to pay a car loan if the co-buyer filed bankruptcy?

Yes.


Can you get a used car loan if you recently filed for bankruptcy?

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.


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?

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.


Does a student loan need to be repaid after a school declares bankruptcy?

Yes.


What happens when a cosigner declares bankruptcy-not the primary owner?

Nothing unless they filed on your loan.


Can you cosign a car loan if you filed for bankruptcy?

If you can find a lender who will accept your signature, sure. Unlikely.