student loan bankruptcy discharge Answers

Can I Get Rid of My Student Loan With A Bankruptcy Discharge?

Yes, But with Conditions
There are possibilities for nullifying your student loan after you file your bankruptcy but it is important that you understand the terms and conditions pertaining to the laws. It will be prudent if you approach reliable bankruptcy attorneys who will enlighten you about the present legal scenario and may also go a step further by suggesting the possibilities of viable ways to get rid of your student loan with bankruptcy. You have to understand that student loan bankruptcy discharge is not possible in all cases. The US bankruptcy laws have been updated in 2005 which narrows down the chances for successful student loan bankruptcy discharge if you do not fall under any of the below mentioned categories.

You must prove that you have undue hardships such as physical disability which will prevent you from earning or making a living. This cannot be projected only for the short term disabilities such as multiple fractures or mental illness. If you can prove the jury that your disability is permanent and is sure to last even beyond the repayment period of your student loans then you can expect student loan bankruptcy discharge.

Apart from this, you should have maintained a good credit score until you filed for bankruptcy and include student loans in it. This will undoubtedly be an added benefit to your claim of student loan bankruptcy discharge. 

If you are able to justify your claim that if your student loans are not waivered after your bankruptcy claims then you, your family, and your dependents would be forced below the minimal standard of living, you can expect student loan bankruptcy discharge.

If you satisfy all the above conditions then you have to hire a reliable and experienced bankruptcy attorney who will represent your claims apart from helping your legally. It is important that you understand the after-effects if your student loan bankruptcy discharge is rejected in the court. If you are associated with federal student loans then you may face wage garnishment or income tax refund seizure when you quit repaying the loans.


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