Student Loan Discharge and Bankruptcy: A Complete Guide

42.8 million Americans carry the weight of student loan debt as a part of their monthly budget. This equates to about 13% of the US population with federal student loan debt. A whopping 9.7 million student loan borrowers have between $20,000 and $40,000 in debt. After graduation, many find it challenging to keep up with [...]

Can You File Bankruptcy on Student Loans?

Can you file bankruptcy on student loans? Yes. But the bigger question is whether you will qualify for a discharge or not. Unfortunately, most people do not qualify to discharge their student loan debt through bankruptcy. You can only eliminate this type of debt if you can successfully prove that paying back your loans will [...]

Student Loans in Bankruptcy

Student Loans in Bankruptcy In order to eliminate student loans in bankruptcy, it is necessary to sue the lender and prove that it would be an "undue hardship" to be required to repay the loan.  The courts have interpreted this requirement stringently, making it difficult for most borrowers to eliminate their student loans in bankruptcy.   [...]

Discharging Student Loan Debt In Bankruptcy

Before discharging Student Loan debt in bankruptcy, it is necessary to prove an "undue hardship". The courts have ruled that "undue hardship" means something more than "garden variety" hardship. Bankruptcy courts across the county apply different formulas when determining whether undue financial hardship exists. In Minnesota, the court uses the "totality of the circumstances" test [...]

Go to Top