I read recently that if you file a second bankruptcy, only IF your student loans were denied during the first bankruptcy, are you eligible to include them in the second. Fact or fiction?

You can never discharge a student loan in a bankruptcy.. You borrowed it... you have to pay it back.

As far as I know federally guaranteed student loans are not dischargeable by bankruptcy.

Fiction, you can not file a second bankruptcy for many years and would have to have serious debts again and meet all the requirements.

Only in some special cases are student loans ever discharged ( IN US)

So this is a myth

Quote:

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Originally Posted by ScottGem

As far as I know federally guaranteed student loans are not dischargeable by bankruptcy.

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Well, that is not quite true. There is provision in the Bankruptcy , as Fr_Chuck has suggested, for getting them discharged if you can show extreme hardship (or language to that effect).

But to answer the question, as I understand it, the rumor that if discharge was denied in a first bankruptcy one cannot file another bankruptcy the required number of years later and again ask for a discharge, would be incorrect.