Can you file bankruptcy on student loans or a court judgement to pay back money.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you file bankruptcy on student loans or a court judgement to pay back money.
Money supposely taken from a employer. Put on a prbation until paid back. A plea bargain
Asked on June 11, 2009 under Bankruptcy Law, Pennsylvania
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Usually student loans cannot be discharged in bankruptcy unless having to pay back the loan would impose an "undue hardship" on the debtor and the debtor's dependents. Different courts define "undue hardship" differently based on the individual's personal situation.
The court judgment/probation/plea bargain is tricky because you were granted probation provided you pay back the money. The question is: if you could successfully discharge the judgment in bankruptcy, would you be subject to having your probation revoked and possibly being put in jail. By not paying back the money, you may be violating the terms of the plea bargain.
If you had an attorney represent you at the plea bargain, I would ask him/her what the potential risks are if you in fact do not pay back the money as a result of filing bankruptcy.
If you didn't have an attorney, I would contact the court and find out if discharging the judgment in bankruptcy would be considered a violation of your plea agreement.
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.