Can I Discharge My Student Loans in Bankruptcy?

Generally, no.  Bankruptcy law (new in 1998) permits discharge of student loans only where the debtor can prove that the debtor cannot provide a minimum standard of living and repay the loans.  And even in those situations, sometimes the court will only discharge part of the loan(s).

Student loans might be held to be unenforceable on account of fraud in the inducement or school closures.

Chapter 13 bankruptcy can sometimes be a vehicle to cure student loans defaults and cure them through a wage-earner plan.

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