Asked in Bankruptcy for Oklahoma

Q: Can i include student loans on my bankruptcy?

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3 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Unless, it is a completely private student loan, which most aren't, you can include it but you will not be discharged of them

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

A: Yes. You must include it but it very likely will not be discharged.

Dalton Middleton
Dalton Middleton
Answered
  • Bankruptcy Lawyer
  • Tupelo, MS

A: If you can show the following you may be able to get your student loans discharged:

1) you cannot maintain, based on current income and expenses, a “minimal” standard of living for you and your dependents if forced to repay the student loans;

2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and

3) you made good faith effort to repay the loans. (Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987).

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