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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31571
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed for Chapter 7 Bankruptcy on October 15, 2005. One

Resolved Question:

I filed for Chapter 7 Bankruptcy on October 15, 2005. One of the debts I tried to charge off an outstanding balance with Maricopa Community Colleges in Tempe, AZ. I received a letter from them in early March of 2006 stating the debt was non-dischargeable because PL 105-244 amended the Bankruptcy Law to exclude educational debts from being discharged in bankruptcy unless the courts determined that repayment would cause undue hardship. Is this true or do I need legal representation to settle this debt once and for all?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.
It is true that student loans are generally not dischargeable in bankruptcy. There are certain circumstances where they could be discharged or the amount reduced. In this case, you would have to prove that the debt is literally keeping you from providing the basic necessities (food, shelter, clothes) to you and your family.

It is very difficult to convince a judge that this particular debt is causing you that kind of hardship. In all my years of practice, I've never seen a debtor win this argument.

Thus, my suggestion is to try and settle the debt as it was not discharged.   
Customer: replied 7 years ago.
The debt was not a student loan. The debt is unpaid tuition for course that I received withdrawal grades for. Does that change anything?
Expert:  Roger replied 7 years ago.
No, it's the same thing. If it is unpaid school costs, it's going to survive bankruptcy.
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