Buffalo, NY asked in Bankruptcy for New York

Q: Will consolidating student loans during a bankruptcy prevent discharge after a 341 meeting?

I have already sought legal help and filed for bankruptcy ch 7. I also have gone forth to the 341 meeting. My student loans are listed and less than $5k. I didn't sign any petition to have them discharged in my case.

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4 Lawyer Answers
Jonathan David Warner
Jonathan David Warner
Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: My immediate reaction is "no". With this said, it may behoove you to have your attorney file a Motion to Approve Refinance Agreement (or something to this effect) that will bring the transaction to the Bankruptcy Court's attention. I can't imagine that such a prayer for relief would be denied, and it would serve to reflect a paper trail because, whether they've advised you as such or not, the new lender may not enter the agreement without Court approval, anyway.

Good luck.

Leonard R. Boyer agrees with this answer

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: No. Student loans are not dischargeable, so you can handle repayment however you want.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. Student loans are not dischargeable.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: There is almost no way to discharge student loans in Bankruptcy, unless you have one foot in the grave and the other slipping in. The only exception is if it is not a regular student loan.

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