Bankruptcy allows consumers to wipe out debts for a financial fresh start. There are two types of personal bankruptcy. Chapter 7 allows debtors to discharge debts completely. Chapter 13 allows debtors with regular income to repay some portion of the debt through a court-approved plan.
Despite the popular misconception, it is not impossible to discharge student loans in bankruptcy. You may be able to discharge your student loans if you can demonstrate undue hardship.
You must meet three criteria to qualify for an undue hardship discharge:
1.Minimal Standard of Living: If you are forced to repay the student loan, you will be unable to cover your basic necessities.
2.Additional Circumstances: The circumstances causing your hardship are likely to persist for a significant portion of the repayment period.
3.Good Faith: You made a good faith attempt to repay the loans.
Student loan debt is not automatically discharged in the same way credit card debt is. If you want to get your student loans discharged, you will need to file a lawsuit against your student loan holder in an adversary proceeding as part of the bankruptcy process and prove your hardship to the court.
The burden of proof is on you to prove that paying of your student loans will cause you undue hardship. You will need to provide financial records and other evidence such as tax returns, bank statements, utility bills, medical records and letters from doctors, documentary evidence of job search efforts, etc.
Yes, both federal and private student loans are eligible for discharge. Private student loans may be exempt from the undue hardship requirement. Some private student loans may not be qualified education loans and therefore dischargeable just like any other types of debts. Your private loan may not be a qualified loan if you borrowed more than the school's cost of attendance or you attended an illegible school. The burden of proof is on the lender to demonstrate that your private loans are qualified loans before you must show undue hardship.
Eliminating your student loans through bankruptcy is possible. Contact us to determine whether bankruptcy is the right solution for you.
Bankruptcy can provide you with a fresh start in your financial life. Chapter 7 is the most common type of bankruptcy filed by individuals who don't have high income and allows you to discharge any unsecured debt. Chapter 13 bankruptcy will restructure your debt so you can continue to make payments when you can afford to do so. Your student loans could be discharged based on:
Being able to meet your basic needs
Facing unusual circumstances, such as health or family issues
Making a good faith attempt in repaying the loans
An experienced attorney will assist you through every part of bankruptcy. Call 516-522-2503 today to schedule a consultation about bankruptcy in the Uniondale, East Meadow, Garden City & Hempstead, NY area.