QUESTION
Can I include my debt to the college I attend in a chapter 7?
Asked on Mar 25th, 2014 on Bankruptcy - Michigan
More details to this question:
I owe the college that I attend money for withdrawing from classes to late. I would like file the debt in a chapter 7, is this possible?
10 ANSWERS
Maybe. If the school is a "private school", this could be an issue. Include all debts, whether you think you owe them or not. Discuss the issue of student loans and the dischargeability of these obligations with your current attorney. If you are filing pro se, contact an experienced attorney and pay for one hour of their time before you file. Have them review your docuyments with you, and discuss this issue with him or her.
Answered on Mar 26th, 2014 at 3:37 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Most likely unless you are referring to debt incurred as a loan to fund your college education, which requires a showing of undue hardship. Undue hardship is a very difficult threshold to meet and you should consult experienced counsel to assess whether you may be able to discharge such debt in a bankruptcy petition.
Answered on Mar 26th, 2014 at 6:05 AM
It is necessary to include all creditors in your bankruptcy whether the debt can be discharged or not. In your case, it is unlikely that it would be discharged. However, if you need to file Chapter 7 anyway, you might as well try to discharge it and see what the college does. You may have to initiate an adversary proceeding within your bankruptcy case to determine the dischargeability, however, so that would add to the cost of your bankruptcy.
Answered on Mar 26th, 2014 at 6:04 AM
Yes, as these are debts owed directly to a college and not a student loan.
Answered on Mar 26th, 2014 at 6:03 AM
2 Awards
Student loan debt is nondischargeable in bankruptcy. That being said, you must include all debt in your bankruptcy filing. Some debt will be nondischargeable and remain owing while other debt will be discharged.
Answered on Mar 26th, 2014 at 5:58 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
If it is not student loan money it should be discharged in bankruptcy.
Answered on Mar 26th, 2014 at 5:52 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Tuition owed to a college is dischargeable. Student loans are not dischargeable but tuition isn't a student loan. So, you can file the tuition in a Chapter 7.
Answered on Mar 25th, 2014 at 4:12 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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The debt should always be listed on your Chapter 7 schedules. But whether it can be discharged will depend. If the debt qualifies as a student loan, then it cannot be discharged in chapter 7.
Answered on Mar 25th, 2014 at 4:00 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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In a Chapter 7, you may discharge all debts except those arising from indebtedness related to education, such as your question.
Answered on Mar 25th, 2014 at 3:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you're considering bankruptcy I would strongly suggest that you counsel with an attorney before you take any irrevocable action.
Answered on Mar 25th, 2014 at 3:34 PM