Q: Can i include student loans on my bankruptcy?
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
A: Yes. You must include it but it very likely will not be discharged.
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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