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Student loans

Student loans can not be discharged in a bankruptcy. They are considered an unsecured loan like a credit card, but they are federally backed so they can not be forgiven. If someone wants to put them in a chapter 13 and pay them, then they have to pay all or their creditors all the money owed to them as well. The chapter 13 only runs for 5 years, so the loan would need to be paid in five years, unlike the ten or more years that they generally give you.

Credit cards in Texas can not garnish wages but student loans can. They can also take your IRS refunds. So if there is only enough money to pay either student loans or credit cards, take care of the student loans for now, and worry about filing the bankruptcy on the other things as soon as you can afford to do so.

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