This is a question many bankruptcy attorneys cringe at when they hear. But it is an important question, so I will give you the answer (which you may guess, is not a simple "yes" or "no").
First, just to clarify your question, I believe you are asking whether or not the loan(s) you take out to pay off your student loans will be dischargeable in a future bankruptcy case.
The answer is, it depends.
When you file a bankruptcy case, your creditors can object to the discharge of any debt that is incurred without the intent to repay (or a reasonable expectation to repay). This is, not to mince words, fraud.
Thus, if you tell me that you are taking out a personal loan that you wish to discharge in bankruptcy and you have no intent to repay that personal loan, that is pretty clearly fraudulent and the personal loan creditor(s) can seek to have that debt declared non-dischargeable in your bankruptcy case.
Such fraud allegations are usually proven by looking at circumstantial evidence, such as how many payments were made on the loan after it was given prior to the bankruptcy case being filed? Did anything change in your financial situation to cause you to be unable to make the payments on that loan, which resulted in you filing bankruptcy? etc.
Thus, it is possible to get rid of the personal loan in bankruptcy if your creditor(s) cannot prove that you did NOT intend to repay the loan at the time you borrowed the money.
So, if you make payments on the loan for a while, and then something unexpected happens (you lose your job, or have reduced income, or increased expenses, etc.), filing bankruptcy could result in being able to discharge the personal loan(s).
The reason bankruptcy attorneys cringe at this, is they cannot advise you to take out such a loan to pay off another loan under these circumstances. But the key is the facts.
I too must state that if you take out the loan without intending to repay it, then it may not be dischargeable in a bankruptcy case.
You should consult with a bankruptcy attorney in your area to get more advice based on the specifics of your situation.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.
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