Legal Question in Bankruptcy in New York

Re: Bankruptcy

Generally no. However, if the student loan is more than 7 years old - i.e., it has been more than seven years since your first payment was made or came due then the loan may be dischargeable in some cases. Also, a student loan may be discharged in very rare cases if one can prove "extreme hardship". However, to prove this legally is very difficult and would involve an adversary proceeding in bankruptcy court - an involved and expensive litigation. Call (917) 257-3341 to discuss further.

Re: Bankruptcy

A few years back, student loans were dischargeable, but the law was changed on this point. There are some fact patterns that allow discharge (hardship, special services, and a couple more), but they require specific facts.

You may send me your information and I will check to see if you qualify.

In general, debts to the government or orders from the criminal court are not dischageable. Student loan are a third category of non-dischargeable debts.

You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.