Legal Question in Bankruptcy in California

II am thinking of filing for bankrupcy can I do that with student loans?


Asked on 11/12/10, 10:41 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

In general, No.

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Answered on 11/17/10, 10:46 am
Tina Chen Law Office of Tina Chen

You can file for bankruptcy as long as you qualify, however, student loans are generally non-dischargeable in bankruptcy. This means you can file and have all your other debt wiped out, but you will still have to repay your student loans.

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Answered on 11/17/10, 10:50 am
Asaph Abrams Law Office of Asaph Abrams

One could literally file notwithstanding the fact that one has student loans. However, I'm sure you mean whether the student loans can be discharged (canceled) in the bankruptcy? The answer is no, absent extreme circumstances such as severe disability that would preclude you from working at all; mere hardship doesn't suffice. Otherwise, graduates would appear at my office with mortar board and tassel still in hand. Yet, there are other myriad reasons to file bankruptcy.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. We do not review and are not responsible for the content of other attorneys� answers even when they answer the same questions. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.

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Answered on 11/17/10, 10:51 am


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