Can I Get Debt Forgiveness for Student Loans?
A Sacramento bankruptcy attorney blogs about student loan debt relief.
Student loans are funded by the government and generally will not be forgiven during bankruptcy. Bankruptcy is protection from creditors but to remove student loans you will have to petition the court for a special hearing. There is no guarantee that the court will automatically discharge the loans. However, the judge at the hearing will consider special provisions such as financial hardships.
If you are able to show why the court should remove student loans debt then the judge may rule in your favor. You have to be able to clearly demonstrate how repayment of your student loan debt is impossible for you to repay without causing extreme financial difficulties.
It is the intent of bankruptcy filing to give the person a fresh start and a chance to rebuild their credit history. However, with student loans the judge usually rules in favor of the bank holder or student loan provider. The courts will allow you to present your petition but typically there is a reconstructing of the loan and any interest due and a repayment plan is instituted. If the student loan is restructured generally the payments are very low. This allows the debtor a chance to regain financial solvency.
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