Legal Question in Bankruptcy in Washington

My wife and I filed bankrupcy back in 2007 and we asked our attorney if we could include my wife's student loans and he said no. I am now looking into aid for school for myself and have come upon information that student loans are able to be included in bankruptcy. Do I have and recourse against our lawyer for lying to us?


Asked on 3/04/12, 9:18 pm

1 Answer from Attorneys
James Vasquez In Pacta, PLLC

Your attorney wasn't "lying" to you, student loans are not dischargeable in bankruptcy. Therefore, while you are required to disclose the existence of the loans by including them in the bankruptcy filing, the loans will not be discharged and you will need to pay them after the bankruptcy. The only means by which you can have a student loans discharged is by showing extreme hardship which is very difficult to show.

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Answered on 3/15/12, 1:18 pm


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