The Federal Student Loan Bankruptcy Issue - Can I Eliminate My Debts?

Ever since in the year 1998 the federal courts made serious changes to the bankruptcy laws, eliminating debts with federal student loan bankruptcy has been extremely difficult to say the least. The truth is these days the elimination of obligations for a federal student loan bankruptcy is rarely a viable option. Most of the time with a chapter 7 bankruptcy the majority of unsecured debts can be eliminated, but with…

Ever since in the year 1998 the federal courts made serious changes to the bankruptcy laws, eliminating debts with federal student loan bankruptcy has been extremely difficult to say the least. The truth is these days the elimination of obligations for a federal student loan bankruptcy is rarely a viable option. Most of the time with a chapter 7 bankruptcy the majority of unsecured debts can be eliminated, but with the past default rates student loan bankruptcy has practically been eliminated.

However if the student has a fairly large student loan debt, bankruptcy can often be an option to be used to get rid of additional unsecured loans which in doing so can give the student more money to help pay off his/her actual student loans. It is also true that although the government has done a lot to make sure that federal student loan bankruptcy cannot be carried out, they have thankfully provided other ways to help students such as, limiting the amounts that the student can be made to pay for his or her student loans depending upon how much income he or she has. It was also true that in some cases when a student has an excessive amount of debt sometimes he or she can obtain some financial aid.

Additionally within the bankruptcy law there is a clause that states if it can be proven that obligating a student to pay his or her loans would result in undue hardship upon his or her shoulders, the elimination of debts will be performed. However the truth is that it is extremely difficult for a student to prove that he or she is under an undue hardship and so students rarely manage to achieve a total elimination of their debts.

Chapter 13 bankruptcy, one of the few options?

Avoiding any aggressive and ugly collection actions can sometimes be achieved with a federal student loan bankruptcy using the 13th chapter of bankruptcy. But only if the person in question meets all the necessary criteria. What can happen if all goes well is that a court trustee may oversee loan repayments and make sure that while loans are being paid off the students still has enough income to survive. If this does happen the rate that the student will have to pay for his or her loans will not necessarily always be the same during the chapter 13 bankruptcy, for instance if the persons income happens to increase the student debtors will be in their right to demand a higher rate.

The reality is that most students will not be able to eliminate their debts with a federal student loan bankruptcy, but most will be able to have other obligations released/eased so that their main student loan debts will be possible to be managed.

Remember the best way to go about your debts and bankruptcy is to acquire the skills of a trained lawyer to deal with your case and advise you on what you should do, it will cost you but then in the long run it will probably turn out for the best.

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