The question should be asked, if a student loan can be discharged in a bankruptcy filing? The answer, as it usually is in law, is it depends. Student loans are a very difficult debt to receive a discharge. If you can prove a extreme hardship, the loan maybe discharge. Also, if the loan is a private loan, sometimes it can be discharged.
You should consult a local bankruptcy attorney to determine the dischargeability of your particular loans. Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate.
This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
If by "included" you mean to ask if it is dischargeable, the answer is the same as with any student or educational loan. It is only dischargeable in bankruptcy if you can prove repaying it would constitute an "undue hardship" as that term is defined by courts in your jurisdiction. For most courts, this test is known as the "Brunner Test" after a case by that name. The requirements are very difficult to meet.
The Undue Hardship Test:
In the 9th Circuit (which I believe includes Kansas) you must prove:
1. that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans;
This is usually the easiest prong to satisfy.
2. that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and,
3. that you made good faith effort to repay the loans.
This does not just include making payments on the loans. It requires doing things over time such as making efforts to increase your income (which includes going back to school to get additional degrees or experience), consolidating loans with the Direct Loan Servicing Center, and other similar efforts.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
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