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New Member
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Sep 4, 2008, 01:50 PM
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Student loan statue of limitations
Is there a statue of limitation on student loans?
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Full Member
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Sep 4, 2008, 06:45 PM
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I may be wrong but I do not think you can include student loans in chapter 7 bankruptcy
If I am wrong someone correct me because I was always told student loans could not be included in Bankruptcy.
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Ultra Member
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Sep 4, 2008, 06:48 PM
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Originally Posted by slowandeasy
I may be wrong but I do not think you can include student loans in chapter 7 bankruptcy
If I am wrong someone correct me because I was always told student loans could not be included in Bankruptcy.
That's always been my understanding as well.
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New Member
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Sep 5, 2008, 01:36 PM
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Depends where you are located, and which laws have effect. There may not be a direct SOL for student loans in some places. Nevertheless, it is possible that the various bits of legislation interact and provide that there is an effective SOL, or that one can be discharged from owing the student loan.
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Uber Member
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Sep 5, 2008, 03:50 PM
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In the US students loans cannot be included in a Chapter 7 bankruptcy and be discharged. I have never seen a student loan included in a Chapter 7 filing and the attorney I worked for would patiently explain to his clients that the student loans could not be discharged.
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New Member
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Sep 8, 2008, 01:51 PM
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I am not sure, but think it may depend on whether the student loan was government or private. You might check with laws in your state.
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Expert
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Sep 8, 2008, 02:21 PM
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If this is a government student loan there will not be a SOL and they will not be included in your bankrutpcy ( with a very few hardship exceptions) although I have never seen an exception allowed,
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New Member
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Sep 8, 2008, 02:56 PM
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You are right Fr_Chuck if it is government, there is no SOL and these are very rarely released in bankruptcy. However, I believe that if private loans, this does not apply. But again not sure need to check with state laws.
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