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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.
Wiki User
∙ 16y ago
Wiki User
∙ 13y agocan 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.
Wiki User
∙ 15y agoWhile 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.
Wiki User
∙ 15y agoHere'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.
Wiki User
∙ 15y agoBack payments yes, forward payments must be kept current.
Wiki User
∙ 14y agoGovernment insured or provided student loans are NOT dischargeable.
Wiki User
∙ 13y agoYes, but the student loans don't get cancelled: you still have to pay those.
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Can my wages be garnished by the student loans while i am in a chapter 13 bankruptcy?
If your bankruptcy is currently active, collection efforts on the student loan will cease until the bankruptcy inactive at which point collection activities will start again.
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.
Your student loans are in default your attorney says if you file bankruptcy you will still receive your federal income taxes is this true?
While in general you should always follow your attorney's advice, you may wish a second opinion from another attorney this time. A bankruptcy does not get you out of student loans. If you were going to lose your income tax refund to the student loan people, then even after bankruptcy you still will.
What is the maximum amount of loans that can be filed on a chapter seven bankruptcy?
While there does not seem to be any limit to the number of loans or debts you can claim on a Chapter 7 Bankruptcy, there are restrictions as to the nature of your claims. Debts that will not be discharged include debts from alimony or child support, debts from accidents involving intoxication, educational benefit overpayment or loans made or guaranteed by any government department, debts for taxes, and certain debts for injuries caused by the debtor to another entity in a willful or mailicious manner. More information on Chapter 7 Bankruptcy rules and regulations is available at http://www.uscourts.gov.
Can i file for bankrupsy while i still have studrnt loans to pay?
Yes, but in the United States, student loan debt cannot be discharged in bankruptcy. You will still owe the money, and the interest.
While in a chapter 13 bankruptcy can you stop the bankruptcy?
Yes, and if things don't work out, you can refile.
Can an individual establish a corporation while on chapter thirteen bankruptcy?
Yes, a person can start a business or corporation while in the midst of a Chapter 13 bankruptcy case. If you are looking for start-up funding, you will have to ask the bankruptcy court for permission.
Can you refinance during chapter 13?
While participating in a Chapter 13 bankruptcy, no major financial transactions are allowed w/o the permisson of the bankruptcy trustee.
How do you buy a house while in a chapter 13 bankruptcy?
The chapter 13 petitioner/participant must receive the approval of the bankruptcy trustee for all major financial transactions.
What is chapter 13 bankrupt?
There is a big difference between chapter 7 and chapter 13 bankruptcy. Generally speaking, chapter 13 bankruptcy is a type of Reorganization bankruptcy. It filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a percentage or nothing at all.
Can someone open an LLC while in Chapter 13 bankruptcy?
Yes, nothing in the bankruptcy law prevents you from opening an LLC.
Can you consolidate your student loans?
No you can not consolidate your student loans. You must pay them and finish them thoroughly and completely. I'm sure that after your done with them it will be totally worth while.
