Nels Hansen's answer Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file bankruptcy Federal Student Loans are put into forbearance. Once your bankruptcy is dismissed or discharged they are taken out of forbearance. Student loans also continue to accrue interest while you were...
Andrew Bresalier's answer Married persons are permitted to file bankruptcy without their spouse. The Creditors from any jointly held debts will seek payment solely from you. However, on the plus side, if you are eligible for support, the lack of his debts should weigh in your favor.
Andrew Bresalier's answer Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in your area. You only have to pass one part. If your average is above this then certain standardized and variable approved expenses are deducted.
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