Student Debt & Filing Bankruptcy

Many Americans have accrued student debt to achieve their educational goals. Student loans quickly add up to tens of thousands of dollars. After graduation, you must begin paying monthly payments towards your loans. This can be challenging for people as they have other bills and responsibilities. Financial hardship caused by all these financial obligations can become insurmountable. Bankruptcy is an option for those experiencing such hardship.

When considering bankruptcy, people often wonder about their student debt. A common question is “Does filing for bankruptcy get rid of my student debt?”. The answer is no. Filing for bankruptcy does not automatically qualify you for bankruptcy. According to the U.S. Department of Education, “ You may have your federal student loan discharged in bankruptcy only if you file a separate action, known as an "adversary proceeding," requesting the bankruptcy court find that repayment would impose undue hardship on you and your dependents.” Proving financial hardship to get your student debt discharged can be very challenging. Hiring an experienced bankruptcy lawyer can help you prove you will have undue financial hardship if you must pay back your student debt.