Are Student Loans Dischargeable?
Unfortunately student loans are generally not discharged when filing bankruptcy. There are, however, a few exceptions. For people who can prove that paying back a student loan would cause undue hardship, it is sometimes possible to discharge a student loan in Vancouver Washington. Consult a personal bankruptcy attorney to see if you may qualify.
Proving undue hardship is difficult and different courts use different qualifying measurements. One common systems is known as the Brunner test. The guidelines used are: proving low income makes payment impossible, income will not increase, and payment has been attempted in good faith.
Student Loan Discharge: Chapter 7 and 13 Bankruptcy
Neither chapter 7 nor chapter 13 bankruptcy are likely to offer a discharge of student loans. While a chapter 13 repayment plan is underway, it may be possible to reduce or suspend student loan payments. However, payments will revert back to their original status when the repayment period ends. Chapter 7 bankruptcy does not have an effect on student loans.
Defenses of Student Loans
In some cases where a school has been fraudulent or unfair it is possible to raise a defense against the school’s Proof of Claim. This most often happens with trade schools and for-profit schools. If unscrupulous practices are proven, a court can dismiss the entire student loan. The debt ceases to exist and the student is no longer responsible for any repayment.
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