Possibilities Of Declaring Bankruptcy With Student Loans

Posted by Nick Niesen on October 29th, 2010

If you are carrying a large student loan and are finding it hard to keep up with your payments, you may be wondering what options you have. You might even be considering filing for bankruptcy as a way to get a fresh start.

When it comes to bankruptcy and student loans, is this a viable option?

In the case of bankruptcy and student loans, the situation is a bit more complicated than with other types of debt. If you have a government-sponsored student loan or one issued by a non-profit agency, then filing for bankruptcy is not the answer. These types of loans are not discharged by declaring bankruptcy. You would still be responsible for paying back the entire amount, even if other debts were discharged.

There is a place for bankruptcy and student loans, but it?s quite difficult to satisfy the requirements for having your debt discharged in this manner.

The borrower would have to prove that he or she is unable to keep up with the agreed-upon payment schedule. In addition, he or she would have to demonstrate that an effort to pay was made and that the individual?s financial situation is permanent.

In the event that there is no hope that the person?s financial situation will improve in the future so that payments can be made on the outstanding loan, the Court may consider bankruptcy and student loans. As you can see, this would be a pretty difficult condition to prove.

Alternatives to Bankruptcy

If you are having trouble keeping up with your loan payments, the best approach is to tell your lender. A lot of people are hesitant about discussing their financial situation with their lender. This is the best approach if you feel that you can?t make your loan payments as arranged.

You will be much better off making some sort of alternate arrangement before you are in default on your loan. Once you are in default, you will have fewer options to rectify the situation.

Keep in mind that your lender has dealt with people in your situation before and that in the vast majority of cases, an alternate payment arrangement can be worked out.

Just because bankruptcy and student loans generally don?t go together, it certainly doesn?t mean that you are lacking in options if you are having difficulty in keeping up with your payments.

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Nick Niesen

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Nick Niesen
Joined: April 29th, 2015
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