QUESTION
Can I get student loans while still filing for a chapter 13 bankruptcy?
Asked on Mar 12th, 2012 on Bankruptcy - California
More details to this question:
I've read alot of sites that say you can because it's bettering your economic status. I'm in Alabama. And I'm still under the one you pay back. Please help me. I don't want to get dissmissed from bankruptcy because I went to college.
5 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Under section 525 of the bankruptcy code, you cannot be discriminated in getting student loans or maintaining student loans.
Answered on Mar 15th, 2012 at 8:16 PM
it really should not be a problem for you to get a student loan while in chapter 13.
Answered on Mar 14th, 2012 at 4:02 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Most likely although it may need court approval.
Answered on Mar 14th, 2012 at 11:38 AM
There is no correct answer to this question. You can still be in college or be a college graduate and file for bankruptcy. If you are already in a filed Chapter 13 bill repayment plan or a Chapter 7 bankruptcy, then it is up to the student loan lender per their own lending criteria too decide if you are eligible for more student loans or not once your case has been already filed. Some lenders I have been told do not care if you are in bankruptcy or not, some private student loan lenders may deny you however.
Answered on Mar 13th, 2012 at 7:55 PM
judith runyon
You can't incur any new debt in a Ch. 13 w/o approval of the Bankruptcy court.
Answered on Mar 13th, 2012 at 2:16 PM