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I owe a lot of money in student loans and can’t afford the monthly payments at this time? Will filing for bankruptcy eliminate my student loans?
29 October 2012

Unfortunately, under the current Federal Bankruptcy laws, student loans fall into a category of debt that is considered non-dischargeable. Thus, filing for Chapter 7 bankruptcy will not eliminate or discharge your obligation to pay back most student loans.

However, you can file for Chapter 13 bankruptcy to re-organize or re-structure your existing debt to pay back the loans in a way that is more affordable for you over time. If your primary concern is your high student loan payments, you may want to consider other alternatives available to you before filing for bankruptcy, such as forbearances, deferments or other means of loan assistance.

You may also benefit from shedding other unwanted debt that is considered dischargeable through a Chapter 7 bankruptcy, thereby allowing you to focus on repayment of your non-dischargeable student loans. Contact this office to learn further as every situation is unique.

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