Bankruptcy and Student Loans 

 

Chapter 7 and chapter 13 in Bankruptcy cases do not discharge student loan debts. The only time they discharge the loans is when they would cause the debtor undue hardship.

In the 70's many people would file for bankruptcy after completing college or university. The would try to eliminate the student loans before joining the working world.In now days the law does not favor these acts and the debtor must repay the loan entirely. Co-signers are also responsible to the lender and will find it hard to discharge the debt with the law.

To discharge one needs to prove "Undue hardship". That means the debtor cannot maintain a minimal standard of living and his dependents are left with the debt. Some circumstances in regard to the standard of living would extend over the life of the repayment of the loan. The debtors, in that case, have tried to the best of their ability, to pay off the loan according to the plan. If proven to be the case, only than will they stand a chance discharging the loan.

Low income debtors have the best chance to discharge a loan. The proof of their “undue hardship” is the debtors’ responsibility. Hiring an Attorney may prove useful in such a complex dealing with the law.
The attorney must have all the information that is known to the debtor. Since the law does not favor discharging these loans, they will have their work cut out for them.