Tag Archives: HigherEducation

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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