Getting new Student loan during bankruptcy

[Anonymous]

Hello,
In paperwork we got from our attorney it said the court has to approve getting a new student loan before discharge. My husband is starting school in May. We won't be discharged yet. Was anyone able to get a student loan during the bankruptcy?

[Bobby1081]

Hi Mjeff,

I filed a chapter 7 and was able to get student loans while in bankruptcy. I did not have to get court approval to take out additional student loans.  I was only required to re-sign the Master Promissary Note for the student loans.  If you are in a 13, that may require approval from the court, but on the school side of it; there will be no issues. 

[Anonymous]

Ok it was just general paperwork given by the attorney. But it is a chapter 7

[Bobby1081]

Great! No need for approval from the court, just have the school financial aide office handle the student loans. They will provide the documents that need to be signed. 

[Anonymous]

You do not need approval from the court to incur new debts in a Chapter 7.
If it’s before the Creditors Meeting you should probably let your attorney know.

[Anonymous]

Thank you. I'm assuming my creditor meeting will be middle April since I filed March 14th. So school won't start until May 20th. I won't be discharged but should be past the creditor meeting.

[Anonymous]

Don’t assume, the date can vary. Just wait for the notice to come in the mail.