Can I include student loans if I file for bankruptcy?

Am I able to include student loans if I file bankruptcy regardless of the date I graduated ? Or do I have to be in school in order to include it. And what if I go back to school in a few years, will I be approved for another student loan?

One Comment

  1. Student loans have to be listed as a debt in both Chapter 7 or Chapter 13 bankruptcy filing. Student loans as a general rule are non-dischargeable in a chapter 7 case. You have to prove “undue hardship” which is difficult to prove. Some articles suggest that 4 out of 10 have received a student loan discharge. I don’t believe that and this post will not delve into the such depths. As a general rule, student loans are not dischargeable unless you can show a physical or mental disability that will prevent you from maintaining a “minimal standard of living” and that your current circumstance will likely not change in the future. Further, you have to show a “good faith attempt” to repay your loan. Difficult to proof and likely to fail. The prevailing case is Brunner, 831 F.2d 395, 396 (2d Cir. 1987).

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