top of page
Search

Can you discharge student loans in bankruptcy?

Writer's picture: Bankruptcy LawyerBankruptcy Lawyer

Can you discharge student loan in bankruptcy? Usually no. To discharge student loans you would need to bring forth an adversary proceeding in your case, and be able to meet all the elements of the Brunner Test. The Brunner Test requires you to prove undue harship and meet other elements. Undue hardship is difficult to prove. You woul have to be unable to make income, basically, be too disabled or unable to make income. There is a growing problem with student loans in this country, and Congress is well aware of this problem. There might be legislation being drafted to address student loans in bankruptcy, but in the meantime, student loans are almost never discharged in bankruptcy.

This may not be what you want to hear or read. You may want to hear that it is very simple (by bankruptcy attorney standards at least) to discharge student loans, or that it is very common. Unfortunately, that is simply not the law currently. There is some relief available at least, even if you do not discharge them, you can at the very least prevent them from collecting during the pendency of your case. It can be as long a 5 years in a chapter 13. Keep in mind, interest does accrue during this time.

There is an option known as Income Based Repayment that should be looke into if your monthly payments are too high for you to manage based on your income.


Recent Posts

See All

Abogado de bancarrota en Houston

Si estas buscando un abogado de bancarrota en Houston que habla español pues ya lo encontró. El abogado Rashid habla español con fluidez...

©2025. The Rashid Law Firm and StopForeclosureLaw.com We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Disclaimer: This Website contains general information. The information on this Website is not intended to be legal advice and viewers should consult with an attorney.

AREAS WE SERVE: Southern District of Texas. Houston and all cities around Houston. Harris County and all counties surrounding Harris County, Brazoria County, Montgomery County, Galveston County, Fort Bend County, Alvin Angleton Bacliff Bayou Vista Baytown Brazoria County Clear Lake City Cypress Dickinson Friendswood Fort Bend County Galena Park Galveston County Harris County Hitchcock Houston Humble Katy Kemah Lake Jackson La Marque La Porte League City Manvel Montgomery County Pasadena Pearland Rosenberg Seabrook South Houston Spring Sugar Land Texas City The Woodlands Tomball Walker County Wharton County Waller County Webster

bottom of page