Spokane, WA asked in Bankruptcy for Washington

Q: I have multiple large debts which have me thinking about bankruptcy including but not limited to old student loans.

I have state and federal back taxes, student loans, insurance collections, and credit cards. Total debt is around $40k. I was told that certain types of student loans can be wiped out. I would like to know a little more about whether these can all be taken care of in bankruptcy. Thanks.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: Filing for bankruptcy can provide relief from certain types of debt, but it's important to understand how different debts are treated under bankruptcy law. Generally, back taxes, student loans, and other specific types of debt have unique considerations. For instance, federal and state taxes might be dischargeable if they meet certain criteria related to the age of the debt and the timing of filings.

Student loans are notoriously difficult to discharge in bankruptcy. However, it's not impossible. The key factor is proving "undue hardship," which varies by jurisdiction but generally requires showing that you cannot maintain a minimal standard of living if forced to repay the loans, that this situation is likely to persist for a significant portion of the repayment period, and that you've made good faith efforts to repay the loans before filing for bankruptcy.

For your situation, it would be wise to consult with a legal professional who can provide specific advice based on the details of your debts, including the types of student loans you have. They can help you understand which of your debts may be dischargeable or otherwise managed through bankruptcy and can guide you through the complexities of the bankruptcy process. This step is crucial in making an informed decision about how to address your financial challenges.

Timothy Denison agrees with this answer

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

A: Most student loans are very difficult to discharge in bankruptcy. You will definitely need an experienced attorney for this endeavor.

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