What kind of student loans are dischargeable.

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What kind of student loans are dischargeable.

My daughter is single with child and is currently part-time in a summer program. Shehas no other income.Should she try to apply for hardship on her student loans.

Asked on June 23, 2009 under Bankruptcy Law, Georgia

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Student loans, although not usually dischargeable in bankruptcy, can be discharged if you can show that paying the student loan debt imposes an "undue hardship" on you and your dependents. Courts use different tests to determine whether a particular borrower will have undue hardship if forced to pay back the student loan.

Perhaps your daughter can contact her lender and see if she qualifies for a deferment or forbearance to postpone repayment of the loan. This may be a better alternative to bankruptcy.


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