Is it possible to file for bankruptcy while in the middle of an in-home separation?

It's possible to file for bankruptcy but whether you can discharge your student loans is a question is not something that can be answered online. The rules on discharging student loans are very stringent and even if you are a great candidate for discharge there is no guarantees you will win a discharge in court. To TRY to discharge student loans, in addition to filing for bankruptcy, you have to file an adversary complaint. Typically, the creditor will oppose it and either there will be a trial or maybe a settlement can be reached. In my view it's a "messed" law. How can someone who can barely keep their head above water pay for legal fees to fight a creditor with deep pockets and looking at some of the previous cases that have been attempted, fight they will. If these are federal student loans I encourage you to look into available alternative repayment plans (such as IBR, ICR, PAE). If you have no income, the payment could be set at zero and you start the 20 or 25 year clock running (depending when you took the loans) on forgiveness. But you have to make the contact with your loan servicer and send to them some paperwork to enroll in a plan. If you can get the payment lowered to $0 or some very small payment this may be a better option than ignoring the situation and defaulting on the loans. If the payment is set at zero, you don't have to pay anything, and your credit report will show that your loans are in good standing. If you don't know who is handling your federal loans go to: http://www.nslds.ed.gov/nslds_SA/ to get that information. If you have private loans they won't show up here, those are likely reporting in your credit report. For private loans, there are no hardship programs, your only chance to modify these is if the lender will voluntarily agree. Hopefully, you don't have any private loans. For federal loans there is also Public Service Loan Forgiveness Program, there are some changes being proposed (such as capping the forgiveness amount at around $50K) so not sure how this program will look going forward but the basic idea is that if you apply for this and work the eligible amount of hours per week with an eligible employer (could be non-profit org, state, federal, city, or municipal govt) you could get the federal loans forgiven after 10 years of service. Something worth looking into if you can work at least 30 hours a week.

Student loan debt is not generally dischargeable except in extraordinary circumstances (which you may have). Your living situation will not prevent you from filing as long as you otherwise qualify. You might want to sit down with an attorney with experience in discharging student loan debt and bankruptcy before you proceed.

Yes, you can file for bankruptcy in your situation but discharging your student loan will require a separate adversary proceeding which will be difficult to win and therefore expensive. You might inquire with legal aid as to available assistance for your circumstances.

Filing a bankruptcy does not mean your student loan will be discharged. Some student loans do not meet the requirements to be protected from the discharge, but you must assume that those student loan companies would attempt to fight you on that conclusion. In all likelihood, some kind of court action will be required. To discharge student loans, you would need to file an adversary proceeding in the bankruptcy court to discharge the student loans. If it becomes a contested matter, the attorney fees and costs could exceed $10,000, if the lender does not agree to discharge them. You could also look into the Ford Student Loan Program to see if your loans qualify.

See an attorney but realize that government backed student loans are rarely dischargeable in bankruptcy.

If the student loan is the real difficulty do NOT try to file for bankruptcy on your own and think that the loan will be discharged. Student loans are not generally dischargeable in bankruptcy, and it is only with significant, difficult, and often highly contested litigation by way of an adversary proceeding that it might be possible to have some or all of the loan balance discharged. Speak with a lawyer before making any decisions. There may be other student loan repayment options available to you.

An individual can file their own bankruptcy regardless if they are married, separated or divorced. Student loans are classified as "non-dischargeable." There is a process to attempt to wipe out student loans in bankruptcy but it generally requires a full trial with discovery, testimony and exhibits. It can be a expensive and there are no guarantees.

You can file, but only jointly if in the same household. You cannot discharge student loan debt however.