If I have student loans, can I file bankruptcy?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have student loans, can I file bankruptcy?

I have had this debt for years. Isn’t there someway that I can attack this problem and move on with my life?

Asked on April 12, 2012 under Bankruptcy Law, Florida

Answers:

Darren Delafield

Answered 9 years ago | Contributor

Find an attorney who will spend some time with you and will approach the issue with some creativity. Creative attorneys have been able to seek a discharge of student loans because the school went of of business, the debtor failed out of school, the debtor is the parent of a child with special needs, the debtor was injured on the job and is disabled, the debtor was disabled while serving in the armed forces, etc.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, student loans are not dischargeable in bankruptcy anymore unless you can prove that repaying the loan creates an undue hardship on you or your family. Unde hardship is a tough think to prove.  It is more than it is a long standing debt but rather that you can not provide the minimum standard of living.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption