Archive for the ‘Student Loans’ Category

The short answer is yes, there is a way to discharge your student loans. However, the long and explicative answer is more complicated and less encouraging.

Student loans are extremely common causes of debt for average Americans. Due to the rising cost of a college education paired with an unforgiving and dismal economy, more and more college graduates are falling victim to paralyzing student loan debt.

It’s important to remember that even if you have already filed bankruptcy and your case is closed, you can re-open the case and litigate the dischargeability of your student loans. Moreover, if you lose on the dischargeability claim, you would likely be able to bring up the action later down the road if your circumstances change to improve your case for undue hardship.

One of the first things to consider when determining whether you are one of the fortunate few who can discharge your student loans is whether the loans were government loans or private loans. If the loans were private loans, you must consider whether the loans were incurred solely to pay qualified higher education expenses. If the loans were private
and were used for expenses other than qualified higher education expenses, they are dischargeable.

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