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Can Student Loans Be Discharged in Bankruptcy?

Student loan debt generally cannot be discharged when you file bankruptcy. Of course, “generally” means there are exceptions.


At the Orantes Law Firm, in Los Angeles, attorney Giovanni Orantes is dedicated to helping individuals throughout Southern California obtain relief from all types of debt, including student loan debt when that is possible. We offer a free initial consultation to look at your student loan debt and give you honest answers about your options.


When Can Student Loan Debt Be Discharged?


Student loans can be discharged when filing Chapter 7 or Chapter 13 bankruptcy if repaying the loan would create an undue hardship. The question is what is “undue.” We all suffer hardships in life, and proving that a hardship is undue is a stringent requirement to meet.


In one of the bankruptcy cases we handled, our client owed more than $300,000 in medical school loans but had no prospects for a job that would pay more than minimal living expenses. We were able to successfully discharge the student loan debt in that case.


Even if your student loan debt is not dischargeable, you can still gain some advantages by filing Chapter 13 bankruptcy. By discharging other types of debt such as credit card bills, you may find that you are able to pay off your student loans.


Will I Be Able to Get Future Student Loans if I File Bankruptcy?


Yes, you can obtain new student loans after you have filed bankruptcy.


Contact Los Angeles Bankruptcy Lawyer Giovanni Orantes


For more information about student loans and bankruptcy, call 213-389-4362 or contact us by e-mail to schedule a free initial consultation. Se habla español.

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