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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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I live in California, can i add a student loan that i co-signed

Resolved Question:

I live in California, can i add a student loan that i co-signed for to my chapter 7 bankrupcy that was discharged 8 months ago?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

Most student loans are not dischargeable in a bankruptcy.

Some student loans may be discharged in a bankruptcy if they are not considered to be "qualified" student loans.

Only loans that satisy the requirements under 26 USC 221(d)(1) are considered a qualified education loan.

Here is an informaative article on the subject.
http://www.finaid.org/questions/bankruptcylimitations.pdf


Thank you,
FLAandNYLAWYER
Customer: replied 6 years ago.
how can i tell the difference between a student loan that is "qualified" versus one that is not? I don't have the paperwork, so...
Expert:  Ellen replied 6 years ago.
most student loans are qualified. However you can consider amending your bankruptcy petition to add the student loan on the chance that it is not a qualified student loan
Ellen and 2 other Bankruptcy Law Specialists are ready to help you

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