Will filing bankruptcy prevent my tax refund from being taken because of a default student loan?

December 20, 2009 · 1 comment

Robert J asked:


i know a student loan is rarely discharged in bankruptcy, unless it would cause an undo hardship to repay or if the student loan went into default 7 years prior to filing bankruptcy. Both of these situations apply to me.

{ 1 comment… read it below or add one }

INS CSR-L.A. County December 20, 2009 at 7:12 pm

No. Student loans are exempt from bankrupcy laws. They may be discharged if/when it becomes apparent the borrower is unable to repay. BUT…the discharged amount is credited as earned income, and you become responsible for paying tax on it.

My husband’s student loan has been ******* up our tax refund the past 4 years. Since MY income is the only income in the home during that time, I filed an “injured spouse” form with my returns and I was able to get the refund in full. BUT…you have to live in a state where that will apply. The only way to keep the gov’t from having their hand in your pocket, is to keep the $$ from going to them in the first place. Increase your deductibles so you don’t have as much taken out of your check.

Leave a Comment

Previous post:

Next post: