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    Train1974's Avatar
    Train1974 Posts: 1, Reputation: 1
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    #1

    Jan 2, 2013, 08:44 PM
    Student loans
    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?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jan 2, 2013, 08:48 PM
    You can never discharge a student loan in a bankruptcy.. You borrowed it... you have to pay it back.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 3, 2013, 04:22 AM
    As far as I know federally guaranteed student loans are not dischargeable by bankruptcy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 3, 2013, 04:52 AM
    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 4, 2013, 06:09 PM
    Quote Originally Posted by ScottGem View Post
    As far as I know federally guaranteed student loans are not dischargeable by bankruptcy.
    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.

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