Student Loan

Student Loan Bankruptcy: Can You Discharge Student Debt?

If you are struggling with student loans that seem impossible to repay, student loan bankruptcy might be an option — although it’s more difficult than other types of debt. In Los Angeles, with its high cost of living and competitive job market, student debt can be a heavy burden, especially for those who have fallen behind on their payments. While student loans are generally non-dischargeable, under certain conditions, they can be included in bankruptcy if you can demonstrate undue hardship.

Why Consider Bankruptcy for Student Loans?

While discharging student loans through bankruptcy is challenging, it is possible under the Brunner Test — a legal standard that assesses your ability to repay the loan, your expenses, and whether repaying the loan would cause undue hardship. Many people in Los Angeles with large amounts of student debt may find that bankruptcy helps them manage their other debts, freeing up resources to focus on their student loans.

Next Steps for SAVE Borrowers
Since 1998, student loan debt has been non-dischargeable in bankruptcy unless the borrower could establish that paying back the loan would create an undue hardship. That’s still true. Now, though, DOJ lawyers have some clear, detailed, and much more borrower-friendly instructions about what constitutes undue hardship.
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