Legal Question in Bankruptcy in California

A person can always claim bankruptcy. However, I think your question is whether bankruptcy will discharge your federal and private student loans. The answer depends. Under the revised 2005 bankruptcy laws, student loans (private or government backed) are generally not dischargeable. There are exceptions to the general rule and you should consult with an attorney as to those exceptions and whether they apply to you.

If you are behind on your payments, bankruptcy may be useful to get your payments caught up. Again, you should consult with a bankruptcy attorney.

Can a person claim bankruptcy You can file bankruptcy owing student loans.