Many debtors believe that if they file for bankruptcy that their student loan debt will still be there, however this is not always the case. In many bankruptcy filings, student loans remain intact and must be paid, but in some cases, you may actually qualify for student load debt elimination.
Listing all debts
When you file for bankruptcy, you are asked to provide a truthful list of any outstanding financial obligations that you have. It is important to include every outstanding debt, even those that are not normally dischargeable. Many young people who file for bankruptcy do not include their student loans in their statements and do not ask their lawyers about the possibility of elimination until after they have filed.
A good idea for you to take into consideration, if you are planning to file for bankruptcy in the near future, is to ask a qualified bankruptcy attorney about the possibility of your student loan debt elimination. There are certain requirements that must be met in order for you to qualify for complete or partial discharge, but you won’t know if you meet them unless you ask.
What Factors Apply to Student Loan Elimination
While it is not common for people to have their student loans completely erased in a bankruptcy filing, there are a few factors that could sway a bankruptcy judge’s verdict in your favor. Some of these include reduced income, serious medical illness, or other factors in your life that would prove that the student loan is something that would cause hardship in the future.
No matter how big or how small your student loan is, you should ask your bankruptcy lawyer about the possibility of elimination. Even if you are not approved for full discharge, you may receive a partial reduction or a reduced payment plan.