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

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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 14 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.


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