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Student loan and bankruptcy of more than 10 years

Would student loan be included in bankruptcy if 10 years old 6 months into bankruptcy ?

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One Response to “Student loan and bankruptcy of more than 10 years”

A licensed trustee said...

At the present time (December 2007) the rules state that a student loan is automatically discharged if the bankrupt has “ceased to be a student” for more than 10 years at the time they file for bankruptcy. Technically, therefore, the student loan would not be automatically discharged if the ten year period completed during the bankruptcy.

However, the bankruptcy court does have the ability to discharge a student loan after ten years, regardless of when the bankruptcy started, so this is something you should discuss with your bankruptcy trustee.