How to Claim a Student Loan on Bankruptcy

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Student loans cannot generally be discharged with a bankruptcy filing, but a separate motion can be filed to claim a student loan if there are special circumstances. Consult with a bankruptcy lawyer to get help filing the appropriate motions to claim a student loan with advice from a family lawyer in this free video on bankruptcy.

Part of the Video Series: Bankruptcy Questions
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Video Transcript

You have graduated from college finally, you have a job but like many other Americans, your job is not producing enough income on a monthly basis to pay your debts. In addition, to get through school you have to borrow money through the vehicle known as student loans and now you are seriously considering filing bankruptcy and you want to know if you can claim your student loan in bankruptcy. Hello, I'm Robert Todd and I'm here to answer the question how to claim a student loan on bankruptcy. Surprisingly enough, generally speaking, student loans are not dischargeable in bankruptcy. However as in many other areas of the law, there are exceptions. And if you can file a separate motion for the student loan and demonstrate to the bankruptcy court that you have a hardship and that you will not be able to make an income to payoff that student loan because of a disability, you may be successful in persuading the bankruptcy court to discharge you. But it's a separate motion, a separate proceeding, it requires your personal appearance and you have to persuade the bankruptcy court that this is what they should do. It's not automatic. If that fails, there are forgiveness loans such as the teacher forgiveness loan that you may apply for and those are separate programs. Probably you're going to require the assistance of a lawyer specializing in bankruptcy to help your through this process. I'm Robert Todd and thank you for watching.

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