Can bankruptcy get rid of student loans?

In short, no. Student loans, both federally backed loans such as perkins, stafford, and PLUS loans and private student loans, are presumptively non-dischargable. A non-dischargable debt is not affected by the bankruptcy discharge, and the debtor remains liable on the debt after bankruptcy.

In very rare cases, a student loan borrower may be able to meet a very strict standard of undue hardship and receive a bankruptcy discharge of student loans. A debtor seeking this undue hardship determination will have to bring a special lawsuit within their bankruptcy case and prove the undue hardship at trial. We are always glad to discuss and evaluate your individual circumstances.

Terms: 
Student Loan
Category: 
Bankruptcy and Your Debts
Thu, Dec 29 2011 - 9:34am by Fabricius & Fabricius Staff
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