Can I Discharge My Student Loans In Bankruptcy?

August 17, 2009

When you file for a Chapter 13 bankruptcy in Dallas, there are circumstances that allow a discharge (in whole or part) for excessive student loan debt. But there are specific and strict requirements for the discharge of a student loan debt.

The first requirement is to file a separate motion with the bankruptcy court and then appear before the judge to explain your hardship. Your best chance at getting your student loan discharged is to prove that you can’t provide a minimum standard of living for yourself and your dependents if you have to repay the student loan.  Some bankruptcy courts will discharge part of the loan on if you can show that repaying it all would be a hardship. 

Other reasons student loans are sometimes deemed unenforceable and thus discharged are due to school closures, fraud, etc.  In the event that you can only get part of the student loan discharged, you will be given the opportunity to pay them off over the course of the plan by filing for a Chapter 13 bankruptcy.

At the very least, when you file for a Chapter 13 bankruptcy, you will halt any collections effort by the student loan servicer. They will not be able to make harassing phone calls or place liens on your assets.

For a free bankruptcy consultation regarding the discharge of student loans, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at or via e-mail at 1.866.705.7584 or via e-mail at info@fnlawfirm.com

 

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