Can You File Chapter 7 on a School Loan?
- There are two primary types of student loans, federally issued and those from a private lender.
- Unless a debtor can prove an undue hardship in repaying student loans---usually a permanent disability---the U.S. Bankruptcy Court will not forgive the obligations.
- Some loans from private lenders, especially if not marked as an educational transaction, can be included in Chapter 7 along with other bills.
- If you went to college and did not have a high school diploma or GED, some federal student loans can be discharged. However, if the college required you to pass an admissions exam or you later earned a GED this exception will not apply.
- Overdue tuition bills can be included in bankruptcy, as long you did not sign a promissory note promising repayment with interest.