Will My Bankruptcy Wipe Out My Student Loans?


Bankruptcy can give many people a chance for a new beginning, and so many people today are overwhelmed with their debt and may not have any other feasible alternatives. If you're buried under credit card debt, medical bills, student loans or other kinds of debt, bankruptcy may be the best option for your situation. Obviously, you should discuss your options carefully with a financial adviser and a bankruptcy lawyer. This isn't the kind of situation that you should take lightly, and there may be better options for your circumstances.

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One of the questions you need to answer when considering bankruptcy is what kind of debt is giving you the most trouble. You see, not every kind of debt will be discharged during a Chapter 7 bankruptcy. (This kind of bankruptcy, by the way, is the most popular form because it seeks to eliminate your debt instead of creating a payment plan).

Some kinds of financial obligations will not be eliminated even when declaring bankruptcy. These include child-support and criminal fees in most cases. Student loans usually fall into this category, because Congress has set up the rules to encourage banks to lend money to students.

When you think about it, a bank would be less likely to lend you money if there were a possibility of wiping out the debt with a future bankruptcy filing. For this reason, it can be quite difficult to get rid of your student loan debt except in severe circumstances.

You may be able to get rid of your student loans if you are experiencing undue hardship, which means that you could not maintain a minimum standard of living if you are forced to pay back the loans. The details are left up to interpretation, so it may depend on what kind of judge reviews your case.


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