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i live in new york and have been adviced by a marshall that i owe a student loan from a judgement entered in 1995...in 1990 i declared bankruptcy and had this loan outstanding the bankruptcy was discharged would this not have wiped out this debt and dopes the statue of limitations run out on this debt....please help as the debt has tripled due to interest...if this is valid is my husband also responcible...thanks all help...



Student loans have never been dischargable in bankruptcy cases and there is no statute of limitations. It would be advisable to make arrangement to start paying on the loan, a change in the law concerning student loans is on the horizon and the US government is going to step up collection efforts including withholding tax refunds, garnishing wages and siezing property.


Senior Member
My response:

A student loan is generally a Nondischargeable debt. In other words, you will still be responsible for paying the loan even if you receive a discharge of debts in a bankruptcy proceeding.

There is one exception, however, that may allow a borrower to discharge his or her student loan(s). If the denial of a discharge of the educational loan would impose a hardship on the debtor and his or her dependent, then the educational loan may be dischargeable. This exception is sometimes invoked by students who have borrowed heavily for college or trade school only to find that they do not have the earning power to pay back the loans.

To determine whether the undue hardship exception should apply, the bankruptcy court will generally require the debtor to show the following:

Based on current income and expenses, the debtor cannot maintain a "minimal" standard of living for him- or herself if forced to repay the loan. This minimal standard is usually defined by the local poverty line.

The conditions creating the undue hardship are unlikely to improve significantly during the repayment period or in the foreseeable future.

The debtor has made honest, good faith efforts to repay the loan.

The debtor has made a good faith effort to maximize income and minimize expenses.

If the debtor satisfies each of these conditions, the undue hardship exception should apply. However, ultimately the decision is at the discretion of the bankruptcy court, and in most cases, the undue hardship standard is a difficult one to satisfy.

Good luck to you.


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