When a person files for bankruptcy, certain debts are discharged, meaning the individual is no longer obligated to pay them. Once a debt is discharged, the creditor who the money was initially owed to is prohibited from taking any sort of action, including legal action in an effort to recover the money. While bankruptcy does release a debtor from personal liability for certain types of debts, there are others types of debts that cannot be discharged.
When a debt is not discharged during the bankruptcy proceedings, the debtor is required to repay the debt after bankruptcy. So, what side do student loans fall under?
Typically, student loans must be paid back, even after a debtor files for bankruptcy. However, if certain circumstances can be proven, you may be eligible to have your federal student loans discharged if you file for bankruptcy. If you’re wondering what these circumstances are, continue reading.
How can I get my student loans discharged when filing for bankruptcy?
In order for a person to get their federal student loans discharged during bankruptcy, they must declare Chapter 7 or Chapter 13 bankruptcy and file a separate action, which is called an “adversary proceeding.” This separate action would serve as “a request that the bankruptcy court find that repayment would impose undue hardship on you and your dependents.” Now, if you’re wondering how bankruptcy courts determine undue hardship, they will likely take into account the following factors before making a decision:
- If you were forced to repay theloan, you would not be able to maintain a minimal standard of living.
- There is adequate evidence that proves this hardship will continue for a significant portion of the loan repayment period.
- You made good faith efforts to repay the loan before filing bankruptcy.
[Source: Federal Student Aid Office].
In the event the bankruptcy court sides in your favor, it may either discharge all of your federal student loan debt, discharge a portion of it, or you may still be required to repay your loan but under different terms.
If you considering filing for Chapter 7 or Chapter 13 bankruptcy because you have fallen far behind on your financial obligations, consider contacting a Tulsa, OK bankruptcy lawyer. If you have accrued a significant amount in federal student loans and would like to have a Tulsa, OK bankruptcy attorney assess your circumstances to determine if you qualify to have them discharged, contact the Henson Law Firm, PLLC. In the event you have a bankruptcy-related question or concern, the attorneys at the Henson Law Firm, PLLC would be happy to provide you with the information you are seeking.
The Henson Law Firm, PLLC is located at:
601 S. Boulder, Suite 600
Tulsa, OK 74119
*We are a debt relief law firm in Tulsa, Oklahoma.
*We help people file for bankruptcy relief under the Bankruptcy Code.