Student Loan Debt and Bankruptcy
If you are like many Americans, you have thousands of dollars worth of student loans that make your life difficult, even though you are long out of college. If you have learned about bankruptcy recently and the ability to discharge debts, you may be wondering whether this applies to student loans as well. Sadly, in most cases, it does not.
While it is not impossible to discharge student loans through bankruptcy, it is extremely difficult. In short, you must prove that paying back the loans would prove to be an "undue hardship" that would interfere with the rest of your life. In order to prevent abuse of bankruptcy laws to discharge student loans, Congress worked to make it more difficult to do so in any court of law.
If you want to file for bankruptcy for the purpose of discharging your student loans, you will need to prove that you cannot maintain your standard of living while paying back your loans, that your finances have been poor for a period of time and that you have tried to pay your loans back in the past.
Anytime people are thinking about filing for Chapter 7 bankruptcy in Texas to discharge student loans, they will want to work with a
San Antonio bankruptcy attorney that can advise them of the laws and restrictions.
Contact the Malaise Law Firm if you have concerns regarding bankruptcy and your student loan debt.