Frequent question: Why are student loans not dischargeable in bankruptcy?

Why is student loan debt non dischargeable?

Section 523(a)(8)(A)(i)

Under this subsection, a student loan is excepted from discharge if: it was made, insured, or guaranteed by the government, or. it was made under any loan program funded in whole or in part by the government or nonprofit institution.

Can student loans be discharged in bankruptcy?

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.

Are all student loans non-dischargeable?

Unlike the vast majority of consumer debts owed to private lenders, educational loans made by private lending institutions are protected as non-dischargeable under Section 523(a)(8) of the Bankruptcy Code.

Are students loans dischargeable?

While there are a number of options for student loan discharge, it’s still relatively rare for most borrowers. More common are student loan forgiveness and repayment assistance programs. The government offers forgiveness programs, such as Public Service Loan Forgiveness and Teacher Loan Forgiveness.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing’s court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged. … Tax debts or government fees.

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What happens to student loans after Chapter 13 discharge?

In Chapter 13 bankruptcy, student loans are treated as nonpriority unsecured debts just like credit cards and medical bills. This means that you are not required to pay them off in full through your Chapter 13 repayment plan. … However, once your Chapter 13 bankruptcy is over, you must continue to pay your student loans.

What loans Cannot be discharged?

Debts Never Discharged in Bankruptcy

Alimony and child support. Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years. Debts for willful and malicious injury to another person or property.