April 7, 2014

Is it Really That Hard To Get Rid of Student Loan Debt in Bankruptcy?

This is a fairly short article that mostly serves to point you to the article :

Bankrupt? How to get student loan debt erased

We've been told for a while that it is almost impossible to get rid of student loans during bankruptcy.   Thats kind of true.   You can't discharge student loans in a normal bankruptcy and you have to file an "adversarial proceeding" which is a big deal and expensive to do.

But as the article points out  about 2/5 of the people who try this path are successful.

"In one study of 170,000 student loan debtors who filed for bankruptcy protection in 2007, only 51 won full discharges of their debt and 30 received partial discharges.
The author of the study, which was published in the American Bankruptcy Law Journal, found that only 213 of the student loan debtors studied even tried to have their education debt discharged ..."

While virtually nobody succeded, thats moslty beause hardly anyone tried.

If you can get legal help or represent yourself then it seems the chances of getting loans discharged aren't all that awful and certainly not as bad as has been claimed.

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