How to File Bankruptcy on Student Loans

Most debt is dischargeable in bankruptcy. However, in 1998, the U.S. Bankruptcy Code was amended, making government-backed student loans ineligible for discharge in Chapter 7 and Chapter 13 plans. The code was further amended in 2005, barring privately held student loans from personal bankruptcy filings. However, the bankruptcy court will consider discharging student loans under certain circumstances, although the process is often challenging.

Things You'll Need

  • Student loan statements
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Instructions

    • 1

      Meet with your attorney and examine your circumstances carefully to determine if your situation qualifies for your loan to be discharged. The United States Bankruptcy court will consider discharging your student loan if you can prove you've experienced an undue hardship. Pay strict attention to your situation. Your undue hardship must be legitimate. The court will consider consider discharging a student loan if you are physically unable to work, you or a dependent is seriously ill or other circumstances which legitimately prevent you from making money in the future.

    • 2

      File a petition of undue hardship with bankruptcy court. This petition, completed by your attorney, will be attached to your bankruptcy petition. It will explain your hardship in detail and your good faith attempts to make payments before you were rendered unable to continue paying back your loan.

    • 3

      Present your case in front of a judge. As a judge examines your petition chronicling your undue hardship, ask your attorney to request an opportunity to explain your situation in court. If you and your lawyer have been thorough in preparing your motion, a judge may consider including your student loan in your bankruptcy petition alongside your other debt.

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