Can I file bankruptcy if I owe a college money but it is not for a student loan?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I file bankruptcy if I owe a college money but it is not for a student loan?

I recieved a disbursement and when I had to leave school for personal hardship reasons the school is trying to collect some of that money and they have the attorney general’s office assisting them.

Asked on September 19, 2010 under Bankruptcy Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Student loans are normally very difficult to discharge in bankrupcy. However, since most other debts can be discharged in bankruptcy (the other debts which are difficult or impossible to discharge include tax debts, child support alimony), in theory, other-non-student loans debts to a school should be dischargeable. However, a significant issue will be whether your debt is characterized as a student loan--it may be the case that any loan by an educational institution to a student is considered one, regardless of whether it was official denominated a student loan.

You should consult with a bankruptcy attorney about the specifics of your situation; you need to bring with all documentation relating to the distribution you received, as well as any correspondence or documents received from the attorney general's office.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption