Student Loans In Bankruptcy

When bankruptcy is granted to a debtor, certain debts are dischargeable while certain other types of debts are non-dischargeable. The non-dischargeable debts are the debts are not completely eliminated even after granting bankruptcy to a debtor. They are supposed to pay off the same. Student loans in bankruptcy are the non-dischargeable debts.

The Only Case When Student Loans In Bankruptcy May Be Treated As Dischargeable Debts

The only case when student loans in bankruptcy may be treated as dischargeable debts is the situation when you can prove that the loan amount is imposing undue hardship on you and your family. However, this is not an easy thing to do. In order to make the student loans dischargeable, you may have to show the following.

• You are physically challenged and are unable to work.
• There are no chance of you getting some gainful employment in future.

New Bankruptcy Laws For Student Loans

Earlier, privately funded student loans that were not guaranteed were dischargeable debts under chapter 7 bankruptcy. However, now because of the new bankruptcy laws, even the privately funded student loans get the same protection as the other loans guaranteed by the federal government or nonprofit institutions.

What To Do If Student Loans Are The Major Part Of The Debts You Owe

If student loans are the major part of the debts you owe, you are not recommended to file for bankruptcy because you are very much unlikely to be granted bankruptcy. The only way you can make the student loans in bankruptcy dischargeable, is that you will have to prove the undue hardship the loans are imposing on you. For this, you will have to file a separate motion and you will have to convince the bankruptcy court regarding the same. Of course, that is not something very easy to do. That is the reason why it is not recommend for you to file for bankruptcy if student loans cover the major part of your debts.

Repayment Alternatives For Student Loans In Bankruptcy

Following are some of the repayment alternatives that the bankruptcy court may suggest you.

• You will have to talk to your lender and work out a repayment plan. The lenders may offer you a longer period to repay the loan. You may also ask them to reduce the amount of the monthly installment by promising to increase the amount, as your financial position gets better.
• The bankruptcy court may interfere and ask the lender to provide you some time to regain control over your finances and defer repayment till then.
• Another bankruptcy alternative is debt consolidation.

Overall, because of the non-dischargeable nature of the students loans in bankruptcy, it is better not file for bankruptcy. Instead, you should talk to your lenders and work out some repayment plan.