How to Discharge Student Debt Through Bankruptcy
When asking a bankruptcy attorney how to discharge student debt through bankruptcy, most will say it’s impossible. However, that is simply not the case. In fact, there is a way to include student debt in a bankruptcy case. That being said, it most certainly is not a guarantee and it is a completely separate action outside your bankruptcy, but filing for bankruptcy is still required. This separate action is known as an adversary proceeding. What is an adversary proceeding, you may ask, well keep reading to find out more!
How To Discharge Student Debt Through Bankruptcy:
With the use of an adversary proceeding, which must be prove that the debt owed is causing an undue hardship upon both you and any dependents you may have. When determining an undue hardship, the bankruptcy court will require multiple tests, but may also only look at a few of the following factors in your case:
- repaying the loan will cause for an unlivable living situation
- Evidence is provided that proves this is a hardship
- You have made good standing efforts to pay off the loan/debt
If the courts identify that your specific financial situation is certainly an undue hardship, due to the student loan debt that is still left to pay, your debt will be included in your bankruptcy.
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