Student Loans

Regardless of which chapter of bankruptcy you file, student loans are not dischargeable.

In a Chapter 7, student loans are listed for notice requirements but are not discharged through the bankruptcy filing. In a Chapter 13, student loans take as class 4 or any other un-secured, non-priority, creditor such as Visa would take through the plan but have their balances intact at the end of the plan.

Under the old bankruptcy code, student loans were not dischargeable. Under the new bankruptcy laws, student loans are defined as anything or any loan that is educational in nature. As such, any loan, whether private or government that is educational in nature, will survive a bankruptcy filing.

If you find yourself with the inability to pay on your current student loans, you may wish to call your lender and avail yourself of the processes of deferment, hardship or through payment restructuring.

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