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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have a student loan that is about to go in to default. when

Customer Question

I have a student loan that is about to go in to default. when it does default does it become a just a debt not backed by the gov? Thanks Bill in wyo.
Submitted: 7 years ago.
Category: Legal
Expert:  Dave Kennett replied 7 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-I'm not certain what you mean by "just a debt not backed by the overnment"?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 7 years ago.
when you default on a student loan does it become a regular debt?
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- There is no legal term "regular debt". A debt is a debt however there are secured and unsecured debts. A real estate mortgage or car loan would be examples of secured debts and a credit card debt or student loan would be unsecured debts. A student loan does not change in nature when it goes into default so it is the same debt as before.


You can be sued for the student loan debt just as you can a credit card or any other debt. Most student loans cannot be discharged in bankruptcy just as other types of debts such as child support. Beyond that I'm not sure how else to explain my answer. I'm just not certain how you may have thought the student loan became something different after it went into default.


Dave Kennett

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Customer: replied 7 years ago.
I just wanted to know because I am thinking about filling for bankruptcy, and I am about to default on the student loan. Thanks
Expert:  Dave Kennett replied 7 years ago.

Well the bankruptcy will not help the student loan debt since virtually no student loans are dischargerable. You definitely should check with your bankruptcy attorney to see if there is a possibility that it could be discharged.