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Am I eligible for student loans and grants if I file for bankruptcy?

Mesa, AZ |

I am currently in a payment plan with my student loan (from being default) in order to go back to school after 6 months, so that I can go back to school to further my education and have a better career, thus earning more money. If I file for bankruptcy due to too much debt accrued, would I still be eligible to get a student loan and grants?

Attorney Answers 5


  1. That is a question for the lenders, not a legal question. Do the online research for the programs. Bankruptcy won't help.


  2. Bankruptcy is no bar from getting a loan. The choice to lend you money is up to the lender. That being said, be sure that what you plan to study will actually allow you to have a better job down the line. Ask a few potential employers if they would hire you with that degree. The last thing you need is a worthless degree and even more debt.

    For informational purposes only. Not legal advice.


  3. I would need more information before I could provide you with a proper response. However, I agree with the responses from my colleague.

    If you found this Answer helpful, please mark it as "Best Answer". Your feedback is greatly appreciated. Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in New York, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


  4. Filing for BK would probably help you in the long run. You would be well on your way to good credit, assuming you keep up with your post petition bills. Lenders often look at many criteria when considering your eligbility for a loan. Are you on time with your bills now? if your are not, then your credit is probably poor, which would also impact your eligibility for a loan.


  5. Filing for bankruptcy relief does not make you ineligible for a student loan. Feel free to run a search of 11 U.S.C. 525 c 1. This is part of the Bankruptcy Code. It provides that a governmental unit that operates a student loan program, or a person or business that engages in a business that includes making student loans guaranteed or insured under a student loan program, may not deny a student loan or loan guarantee to a debtor under the Bankruptcy Code for the reason that the person has been a debtor under the Bankruptcy Code. I paraphrased the statute but that is the gist of it. So if you are now eligible for student loans and grants, filing for bankruptcy relief will not spoil your eligibility. If after filing for relief in bankruptcy you do suffer this type of discrimination you have a right to sue over the matter. At that point you would need the services of a good bankruptcy attorney.

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