Filing Bankruptcy and Private Student Loans (HELP!)

[Txgirl]

Hello,
I am a newbie here. Between myself and my husband we have about $140K in private student loans. My husband's are in forbearance at the time. However my have been due for a few months. There is no way I can afford to pay what they are asking. However I do send in to the original creditor what I can monthly.

We do have other debt and am not having problems paying that. The collection agency (for the private student loans) is threatening me every which way but Sunday.

I have contacted a BK attorney. However he prefers to do consultations in personl. I just need to know if these Private SL can be included in a Bankruptcy?

BTW...I live in Texas. I have been reading up on what they can and can do referring garnishments, etc. However I need to do something, the calls are borderline harrassment.

Thanks

[2live]

Hello, I'm not an expert but I'll give you my experience. I'm in Texas also. I am filing next week (ch 7) and my student loan will NOT be included for discharge. It can't unless I file a special motion (advesarial) where a special hearing is held together with the texas guaranteed student loan folks to argue my case. Also alot more costs involved although I didn't get a quote.

My lawyer said we could "try" for it and in my case it MIGHT very well be discharged but MAKE NOTE of this....I am fighting stage 4 cancer!! This is the only reason he would even entertain taking on such a battle and very possible we could still lose since they could say since I now get disability payments and don't work, they could be paid something from that source.

So unless I could pay alot more to fight it for a "MIGHT get discharged", it makes no sense. And I have no extra money anyway. My point is you have to show that continuing to pay would be a hardship for you and that has to be pretty excessive from what I've been able to find.

There are hardship forbearances and deferments available and I urge you to get in touch with them and discuss your situation. They have been great with me in the past 10yrs that I've needed help. Good luck!

[Txgirl]

Thank you for the information! I am sorry to hear about your cancer.

I am just at a loss of what to do. There is absoloutely know way I can afford to pay these private SL. These aren't federal ones, my federal ones are in economic hardship deferment.

I have been doing some reading and you are right, it seems there are more hoops to jump through to get SL (any kind) discharged.

I just don't know what to do....I continue to send what I can to the orginal creditor.