Bangor, ME asked in Bankruptcy for Maine

Q: would A government student loan be included in bankruptcy or I can’t file bankruptcy on a government loan?

I have a student loan for around 10,000 and I can’t afford to pay it. I couldn’t finish online school because I moved to make sure my kids were safe from mold and I couldn’t get internet for almost 3 weeks after we moved and I called the school and told them and they wouldn’t help me and wouldn’t let me attend anymore.

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2 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY

A: Federally backed student loans are not dischargeable in bankruptcy, unless you can prove hardship (which has a high threshold that you don't seem to meet). Most likely, you would still owe this debt after a chapter 7 bankruptcy case. You should speak to a local bankruptcy attorney to confirm this.

Edward Chris L'Hommedieu
Edward Chris L'Hommedieu
Answered
  • Bankruptcy Lawyer
  • Lewiston, ME

A: Hi -

I'm a bankruptcy lawyer in Maine.

My general rule with student loans is this - to get rid of student loans in bankruptcy you have to prove you literally have no ability to make enough money to survive. I call it the "no arms, no legs, no eyes" rule.

Its very very hard. That said, its not impossible. I've won student loan cases in Maine before, but its expensive and a long long process...

If you are disabled with minimal income, and no real chance of every making enough to every pay the loans, then yes, you have a chance....

Chris.

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