Legal Question in Bankruptcy in Texas

Re: Filing Bankruptcy with a Student Loan

Your student loan,barring a few exceptions, is generally considered to be a non-dischargeable debt. Filing for bankruptcy does not remove that obligation. Given that you apparently do not want to try and evade that obligation, you will simply need to continue paying your student loan obligations when due. The fact that you have subsequently filed for bankruptcy should not affect your ability to receive student loan monies already approved for your use, but future applications for student aid, especially if the loan is being considered by a private entity and not a government organization, will be considered with your bankruptcy in mind.

If you are filing for bankruptcy in the Dallas/Fort Worth area, feel free to contact me.

Re: Filing Bankruptcy with a Student Loan

Short answer -- Since you are almost never permitted to eliminate student loan debts in bankruptcy, your new student loans should not be an issue.

Under the Bankruptcy Code certain kinds of debts cannot be "discharged" (the bankruptcy term for wiped-out or eliminated). Only in extreme cases can student loan debts be discharged. Therefore, your loans are going to remain as a legal obligation during and after your bankruptcy case is concluded. You would list this as a necessary installment debt on your list of expenses (Schedule J) and keep making the monthly payments. If you need to skip a payment during the time you are in bankruptcy you would be able to do so without any hassle from the loan collection department. If you live in the DFW area I would be please to handle your case. ph (972) 231-5500