Why Can't You Include Student Loans in Bankruptcy?

why can't you inlcude student loans in bankruptcyIf you are considering filing for bankruptcy, you may be wondering: Does filing for bankruptcy get rid of my student loans?

Unfortunately, student loans are usually not discharged in the case of bankruptcy.  According to Chapter 7 Bankruptcy law the only time a student loan might be discharged is if it would cause the debtor “undue hardships”.  The same basic rule also applies to Chapter 13 Bankruptcy cases.  

Discharging student loans became popular during the 1970s, when students would file for bankruptcy soon after they finished their pricey education.  They would do so before they started earning so that they could get the loan out of the way.  However, the requirements for discharging student loans were changed in 1998.

According to these new changes, your student loan will only be discharged if the bankruptcy court is convinced that paying back the loan would bring about undue hardships for you or the people who are dependent on you. 

There are three things that would are used to determine whether a person is eligible to have their student loan discharged or not:

  1. Will repaying your student loans prevent you from maintaining a minimal standard of living?
  2. Will it be difficult for you to maintain your minimal standard of living over the repayment period?
  3. Did you make an effort to repay the loan before filing bankruptcy? Have you been repaying your loan for at least 5 years?

Even if you are unable to fully discharge your student loan debt by filing bankruptcy, there are many other options for dealing with student loans including deferments and forebearance.

Even though it is difficult, you should still discuss your student loans with your Bankruptcy attorney.  They know the law and can help you get the most benefit out of filing for bankruptcy.

If you are considering Bankruptcy, there are alternatives you should consider.  Our Debt Solutions Specialist can discuss your financial situation with you, and help you determine if Debt Settlement or Debt Consolidation would be a good solution for you! Give us a call at 1-877-492-4109 or click the link below.

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