Legal Question in Bankruptcy in Mississippi

Student loans and bankruptcy

Can student loans due over 7 years ago still be discharged in a bankruptcy that was filed before October 1998?


Asked on 1/18/99, 2:30 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Student loans and bankruptcy

Yes. The cutoff is 10/7/98. If the bankruptcy was filed on or before that date, student loans are dischargeable under the old 7-year rule (the loan first became due before more than 7 years (exclusive of any applicable suspension of the repayment period) before the date of filing of the petition.)

If filed 10/8 or later, student loans are only dischargeable upon a showing of undue hardship.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 1/27/99, 9:22 pm


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