Can you get student loans while in Chapter 13 bankruptcy?

Answer 1

Not typically. You can attempt to include them, but student loans became non-dischargeable in 1998, regardless of the age of the loan. At the moment, the only way to even approach discharge, is to prove that repayment of the loans would cause an undue hardship on you and your family. This generally means that you and your family cannot maintain a minimally adequate standard of living AND repay the loan. Often, this requires proving that the conditions that make repayment a "hardship" are unlikely to improve over time. Check with your lawyer -- they'll be able to assist more.

Answer 2

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.

Answer 3

While they cannot be discharged in BK, they can be incurred.

But any change in financial circumstances, any new debt, MUST be approved by the BK administrator...or not only will your case be dropped, you would be subject to charges for breaking your agreement with the court. (You really should read the court agreement).

Normally, an adminstartor wouldn't allow new obligations (you cannot borrow your way out of debt...and you already can't pay what you've got)...however if properly presented that the education/training this debt will provide means that your "fresh start" on life that BK wants to provide, would be better for all if you had the ability to work and earn more, may be favorably recieved....but I suggest presenting it that your new education is part of your own re-evaluation of needs and to avoid ever being in this situation again.

Answer 4

Here's the thing - Loans made within a short period (say a year or two, but certainly 90 days) of Bankruptcy generally aren't includable, as they are considered taken in anticipation of BK, so you won't get relief. Payday loans are written in such a way that they actually renew every 30 days or so...and are entirely new loans...getting entirely new fee's etc. Hence they really can't be discharged in BK. However, a number of Judges/Courts, because of the abusive nature of Payday loans (and bad press...actions to control them), are simply looking through that and allowing them based on the "original" date that started the daisy chain of loans. It just sort of depends on your presentation....and the specific court your in. Even where a judge does allow it...the loan company can and will protest...they do have a good firm legal case....but hopefully you can at least negotiate the amount you owe to a more reasonable amount and eliminate the fees, which are wht make these things grow so fast.

Answer 5

Back payments yes, forward payments must be kept current.

Answer 6

Government insured or provided student loans are NOT dischargeable.

Answer 7

Yes, but the student loans don't get cancelled: you still have to pay those.