Tag Archives: HigherEducation

What If I Cannot Make My Student Loan Payments?

Student loans are one of the most widely held types of debt in the US. An estimated 44 million Americans owe more than $1.4 trillion in higher education debt. For some people with student loans, payments are problematic. The Brookings Institute estimates that 40 percent of student loan debtors will default by 2024. If you are experiencing difficulty paying back your student loans, there may be measures you can take to avoid default. However, your options will vary depending on whether you have private or federal loans. Federal loans. You may be able to lower your payments on federal student loans by enrolling in an income-driven repayment program. These programs limit monthly payments to a percentage of your income. Income-driven programs include the Income-Based Repayment (IBR), Pay As Your Earn (PAYE), Revised Pay As You Earn (REPAYE) and Income-Contingent Repayment (ICR) programs. Eligibility for these programs can vary depending on…
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Will Bankruptcy Get Rid of My Student Loans?

Bankruptcy attorneys are used to answering common questions from potential clients. Questions about the effect of bankruptcy on credit scores, employment, homes and property repossession are very common. However, another question people ask is whether filing for bankruptcy would have any effect on their student loans. It is extremely difficult to file for bankruptcy on student loans, but it is not impossible. You would have to meet very specific criteria. The bankruptcy court would require you to show that repaying the loans would pose an “undue hardship” on you or your dependents (if you have any). Different courts use different tests to determine what constitutes undue hardship. If the court evaluated your case with the original Brunner test, it would consider factors such as: Whether you could maintain a minimal standard if living if you were forced to repay the loans. Whether you had made a good faith effort to…
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