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Old Dec 28, 2017, 07:45 PM
Anonymous52723
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Quote:
Originally Posted by Rose76 View Post
Are you saying that student loan debt is now treated the same as consumer debt in bankruptcy court?

Do you understand the difference between Chapter 7 and Chapter 13 types of bankruptcies?

I've tried to find evidence of this change of law you talk about. Everything I've read says that it is still very hard to discharge student loan debt. It can be possible under circumstances of extreme hardship.

This article seems to me to reflect current law: https://lee-legal.com/2017/10/24/for...e-near-future/

Excerpt:

"Today, student loans can only be discharged in bankruptcy upon a judicial finding of undue hardship, a nearly impossible legal standard to meet."

The OP was looking at a horrific financial situation down the road. The law has not officially changed, but it is noe impossible to get relief. An empracal study that I was referred to said that ~ 1% of student loan debt is put before the courts under the mistaken belief that it is an impossibility to get relief. There is a 40% favorability rate to have most if not all student debt discharged. I don't have access to the study, but it did point out that most lawyers mistakenly tell their client they are out of luck.

Since I posted, I know of two more ladies that have filed for bankruptcy and included student debt. One is on SSDI and the other is applying for SSI. I do believe the OP might find a lawyer that is at least willing to request it in the court paper work. This is my opinion only.
Thanks for this!
Rose76