Can You File Bankruptcy Student Loans
When you are facing student loan debt and considering filing for bankruptcy, it can be hard to know what the options are. This guide will help demystify the process by explaining how bankruptcy works with student loans and what you might be able to do.
Filing bankruptcy on student loans can be difficult.
Filing bankruptcy on student loans can be difficult. Federal student loans are not dischargeable in bankruptcy and private student loans are dischargeable only if they’re not backed by the government. If you’re considering filing for bankruptcy, you should consult a lawyer who specializes in bankruptcy law to determine your eligibility and discuss your options.
Private student loans are often dischargeable.
Private student loans are a bit different. You’ll be hard-pressed to discharge them in bankruptcy, although you can try. These are typically issued by banks and other financial institutions rather than the government. They tend to have high interest rates and sometimes come with additional fees or penalties for early repayment (which means they could be more expensive than federal loans).
Private student loan debt is not eligible for discharge in bankruptcy unless you can prove undue hardship under § 523(a)(8) of the Bankruptcy Code, which requires you to show that:
- It would cause you “undue hardship” if you were required to repay your loan; AND
- You were unable-through no fault of your own-to find full-time employment after leaving school; OR
- Your current income does not allow payment of all scheduled payments on time without creating an undue burden on you
Filing bankruptcy on federal loans is not easy.
Filing bankruptcy on federal student loans is not easy. Although the government does offer some means of relief, you will almost certainly have to pay back some portion of your debt in one form or another.
Federal student loans are not dischargeable in bankruptcy. However, if you file for Chapter 13 bankruptcy, you may be able to get a repayment plan approved by your creditors which extends the time that they can collect payments and reduces what they can collect each month. The downside is that any interest accrued during this time will still be added onto your principal balance when your repayment plan ends; however, if you have been making regular payments on your loan before filing for Chapter 13 bankruptcy then it’s likely that such an extension won’t make much of a difference to how much money remains owed at all.
If filing for Chapter 7 bankruptcy doesn’t sound appealing either because there’s no way around paying off at least some portion of what is owed under current conditions or simply because it would cost too much (in terms both monetarily and emotionally), then hiring a lawyer may be necessary both because navigating through all these issues alone would take up far too much time and energy as well as because doing so might incur additional fees associated with paying for legal services outside those associated directly with actually filing paperwork (like court costs).
Some individual loan programs can offer relief from bankruptcy.
If you have private student loans, there may be relief from bankruptcy. Some individual loan programs can offer reduced payments, deferred payments or get you out of default by consolidating your loans.
Bankruptcy might not solve all of your problems..
If you are thinking about filing for bankruptcy, it is important to understand that bankruptcy does not solve all of your problems. Bankruptcy may not be the best solution for your student loans.
If you are considering filing for bankruptcy and have student loans, consult a licensed attorney who can help guide you through the process and give expert advice on whether or not it’s right for you.
Filing for bankruptcy on student loans can be difficult, but there may be some options for you
Although student loan debt can’t be discharged in bankruptcy, there are some options that may help you get out of your current financial situation.
If you’re struggling to make payments on a federal student loan, there is likely no relief for you. The federal government does not offer discharge in bankruptcy unless your income level falls below the poverty line or if it’s proven that repaying the debt would cause undue hardship on you or your dependents.
A private company may offer a hardship discharge if its terms allow for it (and many do). Some individual programs might also have a process to get relief from paying back certain types of loans due to certain extenuating circumstances like disability or death. But even if one of these processes works out for you, filing for bankruptcy might not solve all of your problems.
It’s important to note that bankruptcy is not the best way to deal with your student loans. In some cases, it may be possible for you to refinance them or work out a repayment plan with your lender. Even if you can’t find an option like this, there are still ways that filing for bankruptcy won’t help much—and may even hurt more than help. But if none of these options are available to you and filing bankruptcy on student loans seems like the only solution left, then don’t hesitate! Do what you need to do in order to get out from under this burden once and for all!