Are my children's education funds included in a bankruptcy?
I want to file for bankruptcy, because I don't have anymore money to pay for my children's education funds and tuition. Is it possible to include this?
Answered By: Benson Law Firm
All personal assets and liabilities must be included in your bankruptcy. If the education funds are not titled in your name and you have no other interest or obligation in them, they probably would not be included. However, you should discuss the particulars with a qualified bankruptcy attorney.
Answer Applies to: Ohio
Replied: 1/18/2012
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Answer Applies to: Ohio
Replied: 1/18/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Tuition and student loans are not dischargable in bankruptcy absent an a showing of extreme hardship.
Answer Applies to: Indiana
Replied: 1/17/2012
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Answer Applies to: Indiana
Replied: 1/17/2012
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Answered By: Philip R. Boardman, Attorney at Law
Student loans can not be discharged even if you are the parent who merely co-signed.
Answer Applies to: Virginia
Replied: 1/17/2012
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Answer Applies to: Virginia
Replied: 1/17/2012
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Answered By: Janet A. Lawson Bankruptcy Attorney
Yes, as long was we are not talking about college student loans. It sounds like you are talking about private school in the lower grades.
Answer Applies to: California
Replied: 1/17/2012
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Answer Applies to: California
Replied: 1/17/2012
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Answered By: Froerer Hunter Ahlstrom, Attorneys and Counselors at Law
What do you mean "education funds"? If these are tuition, books, and housing fees, then yes you can include them. If there are student loans involved then no. If your children are currently enrolled, it might affect there enrollment status in the school however.
Answer Applies to: Utah
Replied: 1/17/2012
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Answer Applies to: Utah
Replied: 1/17/2012
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Answered By: The Law Office of Darren Aronow, PC
You can not discharge student loans in a bankruptcy.
Answer Applies to: New York
Replied: 1/17/2012
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Answer Applies to: New York
Replied: 1/17/2012
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Answered By: Law Office of Michael Johnson
The money you paid in may be lost. You should consult with an attorney.
Answer Applies to: Florida
Replied: 1/17/2012
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Answer Applies to: Florida
Replied: 1/17/2012
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Answered By: Law Office of Lynnmarie A. Johnson
If you mean would their tuition and/or books be dischargeable, it depends on what type of loans they have. If they are government loans, they are generally not dischargeable. For example if you got a student loan for their education through Sallie Mae, it is very, very difficult to meet the tests that allow you to discharge them. If you just been paying for it out of your own pocket, and don't have any more money to do so, they would have to stop attending the school or apply for some sort of financial aid on their own. Perhaps getting rid of other unsecured debt, like credit cards and medical bills, would help free up some money for you to continue having them attend school. That is where bankruptcy can help you. I would suggest talking to an experienced bankruptcy attorney and seeing what he or she advises.
Answer Applies to: Michigan
Replied: 1/17/2012
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Answer Applies to: Michigan
Replied: 1/17/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: J.M. Cook, P.A.
All debts and assets are "included in bankruptcy". Some debts are non-dischargeable like student loans and if you have ongoing obligations, like tuition, you would have to pay it in order to continue to use the service.
Answer Applies to: North Carolina
Replied: 1/16/2012
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Answer Applies to: North Carolina
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law offices of John P. Brooke
You can generally include tuition in a bankruptcy as long as it is not a student loan. Student loans are generally not dischargeable in a bankruptcy. I'm not really sure what you mean by education funds though so I can not give a good answer as to whether this would be able to be discharged.
Answer Applies to: New York
Replied: 1/16/2012
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Answer Applies to: New York
Replied: 1/16/2012
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Answered By: Judith A. Runyon, Esq. Attorney at Law
Student loan are not dischargeable debts in bankruptcy.
Answer Applies to: California
Replied: 1/16/2012
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Answer Applies to: California
Replied: 1/16/2012
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Answered By: Ryan Legal Services, Inc.
A tuition bill from your childrens' school or college can be discharged. Most student loans, however, cannot be discharged.
Answer Applies to: Ohio
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 1/16/2012
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Answered By: Bankruptcy Law office of Bill Rubendall
Unpaid tuition and similar fees must be paid to continue your children's education. Student loans are non dischargeable.
Answer Applies to: California
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
If you owe money for tuition, you could include in the bankruptcy but they might not be allowed back in the school.
Answer Applies to: California
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
Your question makes it sound like you are about to commit a serious felony and conceal things from the court. You can spend the next 5 years in prison, be fined $250,000 and see your bankruptcy dismissed.
Answer Applies to: Georgia
Replied: 1/16/2012
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Answer Applies to: Georgia
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Goldsmith & Guymon
If they are held in a tax deferred account then they are protected.
Answer Applies to: Nevada
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Nevada
Replied: 1/16/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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