Legal Question in Bankruptcy in Pennsylvania

"defaulted student loan and chapter 7 bankruptcy"

I have a "defaulted student loan", which was first

due in 1974 (25 years ago). I never practiced my profession in the USA due to a lack of a profes-

sional license. I am over 55 years old, have been

unemployed for many years, have no home or assets,

have no money, and chances are I will not get a job because of my age. However a collection agency

designated by the US Dept of Edu. is trying to

collect the debt. If I file Chapter 7 bankrupcy,

will my loan be a "dischargeable debt"? Could I

obtain legal help due to my financial situation at

any "legal aid society in the state of Florida"?,

and if so, who should I contact and where? Does

the "Statute of Limitation Law" apply to this stu-

dent loan which is 25 years old? At the time of the loan I was a Pennsylvania resident, but I went

to school in Spain, and now I am a Florida resi-

dent. I might have to go on Welfare in order to

survive. Please answer. Thank you for your coope-

ration and consideration.


Asked on 1/29/99, 9:52 am

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: student loan

Unless you can demonstrate extreme hardship, the student loan is not dischargeable. Based on the facts in your question, there seems to be no reason for you to consider filing for bankruptcy.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 1/31/99, 12:41 pm


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