
Bankruptcy Courts Have Said These are
NOT
Student Loans
1.
Money owed to your school for past due tuition.
2.
A loan given by your school in the form of a tuition credit or free tuition.
3.
A private student loan from a for-profit entity to:
-
Attend a school that is not eligible to receive federal student aid funding under Title IV.
-
Pay education expenses for someone who is not a dependent or your spouse at the time the loan was obtained.
-
Pay education expenses for your boyfriend or girlfriend, even if you later marry that person.
4.
Credit card debts incurred to pay the costs of education.
5.
Home equity lines of credit and mortgage refinance to pay off student loans. A personal loan from a friend or family member, even if you use the money for education.
6.
Loans given to students to cover living expenses during an internship, study for exams or reasons other than paying for classes at a recognized school.
WHAT IS AND WHAT IS NOT A STUDENT LOAN IN BANKRUPTCY COURT?
When you are thinking about getting rid of, discharging, your student loans in bankruptcy, you first have to know if you in fact have a student loan. Not every loan taken out and used for education is a student loan and not every debt you take on for school is a student loan. “Student loan” has a very spierici definition in the bankruptcy code, and if your debt does not “qualify” under that definition, it is not a student loan. It's probably just a regular old debt. The bankruptcy rule saying student loan are not discharged is an exception to the general rule, so the debt in question has to meet the definition.
A “student loan” is:
-
An educational benefit overpayment or loan that was made, insured, or guaranteed by a governmental unit ; or
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An educational benefit overpayment or loan that was made under any program funded in whole or in part by a governmental unit or nonprofit institution; or
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An obligation to repay funds that you received as an educational benefit, scholarship, or stipend; or
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Any other educational loan that is considered a qualified education loan under the federal tax laws.