Student loans and bankruptcy in Texas

| Jan 12, 2016 | Chapter 7 Bankruptcy |

In some cases, it may be possible to get student loans discharged in bankruptcy. However, that is not a given, and whether or not these loans are discharged depends largely on the circumstances surrounding a case. For some, it may be possible to have private student loans discharged if some or all of the balance of those loans was not used for qualified educational purposes.

Private loans may also be discharged if a student went to a school that was not accredited. One sign that a school is accredited is if the student was eligible to receive federal loans to attend the school. However, federal student loans may be discharged regardless of what a loan servicer may say. To ask for federal loans to be discharged, an attorney would have to file an adversarial motion. This would be in addition to the original bankruptcy filing.

In such a proceeding, the borrower would need to prove that paying the loans would constitute an undue hardship. Whether or not a court finds that there is a hardship depends on a variety of criteria that may vary from jurisdiction to jurisdiction. In a case where some or any of the loan balance was not discharged, a borrower may still be liable to pay off those balances.

Those who are looking for student loan and other debt relief may wish to file for bankruptcy. Chapter 7 bankruptcy may enable an individual to have his or her debts partially or fully discharged within a fairly short period of time. An attorney may be able to review a case to determine if an individual is eligible to file for Chapter 7.