When a person decides to file for Chapter 7 bankruptcy, there are several ways they benefit. The most important of these is that they get out of debt, but they also tend to feel a bit of relief from the stress they have been experiencing as a result of the amount of money they owe. In many cases, they can rid themselves of credit card debt and other debt.
Typically, when a person files for bankruptcy, there are certain debts that can’t be discharged. Many people may be expecting their student loans to disappear after they file bankruptcy, but this is not what usually happens. However, this doesn’t mean that people haven’t been able to get their student loans discharged along with their other debts.
In order for student loans to be discharged, the debtor has to qualify for a hardship discharge. This basically means that they have to prove that they can’t make payments on this debt now or in the future, even after their other debts have been cleared. In addition to this, courts may consider income, how paying back the loans may impact the debtor’s life, if they’ve made an effort to pay back the loan and more. After examining these things, there is no guarantee that this debt will be discharged.
People file bankruptcy because they are looking for relief from their debt. Student loans may not be considered a dischargeable debt, but if someone honestly believes they will have trouble paying this money back, they should consider trying to get a hardship discharge. Should this be something you want to attempt, an attorney can assist you with the process.