Would my privately funded student loan be dischargeable in the bankruptcy?

Maybe. The law has been challenged that loans of this nature which are government underwritten (not dischargeable) and signature loans that are speculative (private loans with out collateral nor underwriting) might be. However, if this is your only debt, expect a fight. If you have other debt, credit card, an uninsured accident, promises to pay others, well list it and see if they challenge it. They might be willing to negotiate a smaller sum and a payment schedule you can afford to pay over time too.

Private student loans are not subject to discharge in bankruptcy.

To discharge a student loan in your bankruptcy would have required you to have filed an adversary proceeding to get a special court order saying that your student loans were eligible for a discharge. If you have the court order stating that you did this, then present it to the court in the civil case. But a general discharge will not act to eliminate your responsibility to pay a student loan.

Generally, student loans are not dischargeable in bankruptcy unless in addition to filing bankruptcy you file a separate suit in bankruptcy court and successfully prove "undue hardship". You'll either need to speak with an attorney about this or do some extensive research on what qualifies as an "undue hardship" and how to prove it. Congress did not define the term. Most jurisdictions subscribe to the test set out in Brunner v. New York State Higher Education Services Corp (46 B.R. 752). The burden on the debtor is extremely high with low success rates unless debtor is quite elderly or has a permanent disability that prevents her/him from working. To be honest, it might be difficult to find an attorney willing to take on such a case unless you have means to pay the legal fees and the quandary is that if you do how do you meet the test. Newly minted attorneys, while probably very sympathetic to your situation since many are burdened by huge student loan debts having realizing what struggle they created in their life by borrowing so much for their education unfortunately cannot work for free. Neither Congress nor local governments, at least none that I know of, allocated any funds for borrowers in these types of situations to get pro bono assistance while the creditors have the resources to retain counsel and fight back in the adversarial process, even willing to appeal an initial favorable decision. I don't want to discourage you from trying but this can be a very time consuming and expensive challenge to overcome. While federal loans offer alternative payments based on the amount of your debt and your income so that you can manage to stay current and keep your credit in good standing even if it means paying these loans for 25 years and getting hit with income taxes should you not pay off the entire balance. There is also Public Service Loan forgiveness for federal loans. But, since these are private loans, so private contracts, the government programs simply don't apply to these. Since 2005, a number of Bills have been proposed by some Democrats to make private loans dischargeable again without having to go through the adversarial process (after all even some income taxes are dischargeable and private loans are not tax payer backed, also of course for any normally dischargeable debt under the standard laws a creditor can file an adversary claiming fraud, if that is applicable to any particular situation, to challenge a discharge). But these Bills expired under each session and garner not a single supporter, as far as I know, in the Republican camp. I wish I had something better to tell you. We need a political solution, in other words, change in the laws. I read an article recently that talked about redefining the definition of what a "qualified student loan". Something like that could leave the Code as is but change the result for overburdened private loan borrowers. I ask anyone dealing with this situation to please contact their local representative and let them know that this is a problem for you and how it impacts you and your family. Perhaps more importantly since a representative could be more receptive to how this impacts the overall economic activity in general in their particular district point out how overburdened borrowers live as cheaply as possible and how that translates into lower contribution to the overall economy. The only other solution I can think in bankruptcy is to file a chapter 13, which would force a calculated payment that would be based on your income and living expenses considered reasonable and necessary under the bankruptcy rules. This of course is not a long term solution since the Plan can only be 5 years long and unless you attempt and succeed with an adversarial in this bankruptcy the debt would still survive the bankruptcy. Depending on your payment, the principal balance owed could be bigger at the end of the bankruptcy than it is now. This strategy would however st

Student loans are not dischargeable in bankruptcy without special (and long, difficult, expensive, and often unsuccessful) litigation. You will have to find a way to deal with those creditors.

You should consult with an attorney about this and have a detailed conversation because you may not only have a valid defense but you may also be able to counter-sue the loan company for a bad faith violation of the prohibition against collection activities.

Student loans are generally non-dischargeable. In order to discharge a student loan, you would have to file an Adversary Proceeding (law suit) in bankruptcy court to have the judge determine that the loan to be dischargeable. Assuming that you did not bring such an action, the loan would not have been discharged. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.