Legal Question in Bankruptcy in California
II am thinking of filing for bankrupcy can I do that with student loans?
3 Answers from Attorneys
In general, No.
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.
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.
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