Bankruptcy and Student Loans

Most attorneys are pretty useless when it comes to student loan debt and bankruptcy. They are counted as an expense when calculating debt...in fact when you file bankruptcy they must be listed on the bankruptcy filing like any other debt. However they are simply not discharged.

What is your debt load? Federal? Private? Have you consolidated your federals to lower your monthly payment?

I did find that article last night as well. I don't know what this guy was thinking. I even was shocked that since I have no choice but to pay the student loans, why they are not a "nessescary expense". Ugh.
As far as your questions - I have over 300K in Federal and Private student loan debt. Some still in deferrment, and most not. The Federal I am not worried about, I have consolidated under the Direct program and will make the 10 years of payments and have it wiped, since I work in Public Service. So that is in ICR and I am "ok" there. It is the private ones that I was stupid enough to take. I have NO CLUE what I was thinking, but they were my living expenses while attending college. I was dumb. So THOSE are what are killing me. With my regular CC debt which is 80K, and the student loans, there is just not enough money. So I went to a free BK consult in my area, and got told I make too much (since if you dont count the student loan payments, I have left over money). I asked again how come non dischargable loans could not be included for the means test and was told no...and again, and again. It just made ZERO sense to me, so I got online and found that he may be incorrect.

I need to get out of this CC debt to even make a dent in the private loan debt. I am not concerned with the bullet hole in my credit because as you are aware 300K in student loans makes you pretty ineligible for all credit anyways. My husband has the good credit and I would file BK alone. We are in CA, and I sort of understand community property, but all my CCs were aquired prior to the marraige, some used after, but none have him on any account etc. So I don't think he would run into any issues with me filing BK - do you?

Bankruptcy of one of the signatories of a joint account will affect the other signatories. I have found certain related information in another post. You may have a look at it: -
What happens to joint debts when only one party files BK?

I stated that we are not joint on any account. So we have NOTHING together (well, wait a minute he did co-sign for a student loan a few years ago, but I am not filing on that since I can't, I will continue to pay it). But we are NOT joint in anything that is getting discharged, and we only have that ONE student loan together.
So do you think he is safe?