Legal Question in Bankruptcy in Ohio

School Loan

Husband went to a truck driving school 6 yrs ago, needed student government loan to qualify, shortly after graduation,truck driving school did not help job placement as quarenteed. Tried on his own but it did not work out.Soon thereafter driving school went belly up. Husband irate, could not pay for student loan. A then $2,500 loan, is now near $6,500. Can he file bankruptcy for this student loan??? Thank You for your time

Asked on 2/03/04, 12:23 am

1 Answer from Attorneys

Steven Schiller Steven L. Schiller, Attorney at Law

Re: School Loan

Some school loans are dischargeable in bankruptcy, and some (such as federally insured student loans) are not. Even federally insured ones might be dischargeable if, in a special adversary proceeding, you can establish "undue hardship" would be imposed if you had to repay the loan. (This can be difficult and expensive to prove).

However, even if the debt is not dischargeable, you may be able to file a chapter 13 that would allow you to pay it over as long as five years, with substantial savings, and avoid suit and garnishment. If you have further questions, feel free to contact me at 513-621-2201 (Cincinnati Number).

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Answered on 2/03/04, 10:41 am

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