Student Loans

[luvtocrop]

Has anyone had success including them? My husband and I have loans that together amount to over $80,000. They have been in deferment and forbearance for 12 years... we have paid very little on them due to economic hardship. I know that it is tough to include them- anyone had any luck?

[HHM]

You would need to file an adversary proceeding (mini lawsuit) within your BK and claim that paying back your student loans is a hardship.

For student loan discharge a hardship pretty much means = totally disabled and unable to work.

There is no luck about it.

[luvtocrop]

Is that costly, and/or time consuming?

[auttienkassiemo]

We have $65,000 in student loans. Our loans have been in deferment for in school student due to my husband still in school. Our attorney has already advised us they are hardly ever...if at all taken care of in bankruptcy.

[NewHope]

We included ours and it actually paid them off, they even sent us refund checks of the overages. Good luck

[luvtocrop]

So include them no matter what, just to see? did you have to file anything separate then or you just included them? and what "overages"?

[HHM]

So include them no matter what, just to see? did you have to file anything separate then or you just included them? and what "overages"?

You must list ALL debts in your BK.

What newhope is probably referring too is either they were in a chapter 13 or an asset chapter 7 case. Money actually went to PAY the student loans.

[NewHope]

We were in a 13 case, overages means we got back the over payment of the money paid to them.