Chapter 13 Bankruptcy Lawyer | Student Loan Discharge
Borrowers can better understand how bankruptcy could impact their student loan obligations by speaking with a chapter 13 bankruptcy lawyer. Historically, student debts have been difficult to discharge, as federal bankruptcy law requires borrowers to show that repaying the loans will create undue hardship. That said, courts are looking more and more at the particular financial situations when considering claims for student loan discharge. A borrower’s ability to demonstrate undue hardship may depend on income, ability to earn, cost of living and payback history. Changes in government guidelines and judicial techniques have prompted revived attention to student loan debt relief. Student debts don’t automatically be discharged in bankruptcy, but there’s a distinct legal process that qualifies students can apply for relief. Chapter 13 may also provide a structured repayment plan for other qualifying debts while debtors work through their student loan commitments. A knowledgeable student loan debt attorney can explain the legal criteria, options available, and documentation required to determine a potential discharge.
Can You Get Rid of Student Loans Through Bankruptcy?
Yes but discharge is not automatic. Typically, borrowers must file a separate proceeding and show that repayment would cause undue hardship under applicable law. The court will examine the borrower's financial situation and capacity to repay. The Massachusetts Bankruptcy Center can help people navigate the bankruptcy process and understand the legal options open to them.