Legal Question in Credit and Debt Law in California

Forgiving student loans

I have outstanding student loans from 1989 and 1990 which are now in default. I am permanently disabled and unable to work. I filed bankruptcy and it was discharged in 1999 where these loans were listed. I now have a collection agency down my throat for the amount. Are student loans ever forgiven?


Asked on 3/28/01, 1:30 pm

1 Answer from Attorneys
Shai Oved The Law Offices of Shai Oved

Re: Forgiving student loans

Student loans are NOT dischargeable in a chapter 7 bankruptcy unless an adversary complaint (a lawsuit) is filed in the bankruptcy court against the student loan agencies. The bankruptcy court must determine that there is an undue financial hardship under �523(a)(8) of the Bankruptcy Code before the student loans are discharged. I am currently representing a client in a similar action. If you need assistance, you should speak with a local bankruptcy attorney or you can call my office at (818) 992-6588. Good luck.

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Answered on 6/01/01, 2:35 pm


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