Student loans are extremely difficult to have discharged when filing bankruptcy. They have to be filed as an undue hardship in which you must be incapable of working now and in the future. If you would like to discharge your student loans under the undue hardship exception, you must file a separate motion with the bankruptcy court and then appear before the judge to explain your hardship. If filing chapter 7 bankruptcy this is the case. If in fact you are filing chapter 13, you can have your student loans consolidated into payments that are set up by the court. The student loans are not discharged and you do have to pay them off out of pocket. You are given a period of time to pay off your debts. This is often a basic time frame of five years.
It is complicated and nearly impossible to discharge student loans in bankruptcy. In order to understand what may be your best option in paying off your student loan, it is suggested to speak to a bankruptcy attorney. They may have other solutions entirely, that can keep you from filing bankruptcy all together. Another option for advice is to speak to a debt […]

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