310.376.9865
Bankruptcy lawyers are frequently asked if student loans can be discharged in bankruptcy. Many clients are surprised to find out that while some back taxes may be discharged in bankruptcy, it is almost impossible to discharge a student loan.
While some back taxes will be discharged by simply filing a Chapter 7 bankruptcy and maybe a few follow up phone calls to IRS, not so student loans. If you want to discharge a student loan, you must file a separate lawsuit inside the bankruptcy (an adversary proceeding), and then you are required to meet certain criteria.
Different types of student loans: Besides the typical student loan, there are HEAL student loans that physicians take out. For a physician to discharge one of these student loans, the standard for discharge is much higher than the undue hardship set out in the bankruptcy code (523(a)(8)).
However, if your first discharge attempt fails, if your circumstances change, you may file for a second attempt. However, you must identify why your second bite is different that your first attempt.
DISCLAIMER: The content of this website is intended for informational purposes only. Nothing herein is intended to form the basis of an attorney-client relationship or constitute legal advice.
Los Angeles/Orange County Chapter 7 Bankruptcy Attorney- A Debt Relief Agency.
- Law Offices MJ Mann Bankruptcy Attorney
- 2706 Artesia Blvd, Suite BK
- Redondo Beach, CA 90278
- 310.376.9865
