Student Loans In Bankruptcy

You cannot discharge student loans in bankruptcy, and everyone seems to know that.  You used to be able to discharge private student loans in bankruptcy, but the law was changed in 2005 so that you cannot discharge private student loans either.  The rationale for this is that, unlike other loans such as credit cards, your credit is not considered when you apply for a student loan and almost anyone going to college can get one, so you have to pay it back no matter what.

However, new legislation just introduced in the House of Representatives would change this by allowing discharge of student loans in bankruptcy.  If passed and signed into law, this would be huge!  Student loans are extremely difficult to get rid of without paying them in full, but this new law would change that by allowing bankruptcy debtors to discharge them just like credit card and other general unsecured debt.

Write and call your congressional representatives today and tell them that you support this badly needed amendment to the Bankruptcy Code.  If you have debts that you are unable to pay and/or need help getting affordable student loan payments, contact a bankruptcy/student loan attorney today.