How to file bankruptcy for Student loan?
Answered on September 25,2023
It's difficult to get federal student loans discharged in bankruptcy. You have to meet the standard of "undue hardship", which for over 25 years has been almost impossible to meet, even if you are on disability, etc.
That being said, there is evidence that they are starting to loosen the standard of "undue hardship". It still is very difficult to meet. Basically, with income based repayment and zero dollar payments based on income, there is very little way to show that a zero dollar payment is an undue hardship.
That being said, PRIVATE student loans are easier to discharge in bankruptcy. You file bankruptcy, and then have to file a separate "adversary proceeding" with the bankruptcy court in regards to the private student loans. They treat it much like a civil law suit. In the adversary proceeding, you ask for relief from the student loan debt. You'll still have to meet a standard of "undue hardship". Since there are no income based zero payments for private loans, you would basically have to show that you cannot afford to pay the minimum payment and that paying it would not allow you to maintain a "minimal standard of living".
See: Busting myths about bankruptcy and private student loans
Some congressional representatives are well aware that bankruptcy is possible with certain kinds of student loans and private lenders are intentionally misleading consumers about it, such as in this Press Release and this site has a good overview on the bankruptcy and adversary proceedings processes for ch 7 vs ch 13 and TISLA has a good overview page here too including which states use the Brunner Test vs the Undue Hardship criteria
All of this is to say that it's still rare and can be difficult to navigate, but is possible in certain circumstances
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