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Are private student loans made BEFORE 2005 dischargeable in a chapter 7?

Los Angeles, CA |

I know that the Bankruptcy Act of 2005 made even private student loans non-dischargeable. But what if the loan was made prior to 2005? Is the Act retroactive as to all student loans, whenever made? Thanks!

Attorney Answers 4


No change re dischargeability of student loans in general. However, in certain narrow circumstances all or a portion of a student loan may be dischargeable under Chapter 13 hardship basis. Speak to your BK attorney for details.

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No - the 2005 Act applies whenever the loan was made.

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No-they are generally not. You may be able to have them discharged, but this would be a separate Hearing, and the burden rest with you.


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The Bankruptcy Act of 2005 applies to Student Loans made prior to 2005. Thus, your Private Student Loan is non-dischargeable. There is a narrow exception to the dischargeability of student loans where you are able to show that the repayment of the student loan imposes an undue hardship on you or your dependents. In order to qualify for this exception, you would need to bring a separate hearing before the bankruptcy court and convince the court of the "undue hardship". This kind of hearing would require the expertise of a well seasoned attorney.

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