Can I File Bankruptcy on Student Loans?
May 3rd, 2012
A college education is recommended if not required these days. As we make our way through life, society instills in us a fear that we will be homeless and destitute if we do not go to college. Unfortunately for us, no one mentions the student loans that would someday swallow us whole.
Countless late nights, who knows how many unwelcome research papers, and the horrible tasting dorm food that we did not dare think too much about: these were all a part of the experience that hopefully allowed us to acquire a decent occupation.
Of course the college education was worth it.
Only when the mortgage payment, the car payment, the student loan payment and all other assorted bills are due at the same time – and then we get laid off - do we reach our wit’s end. One option looms in the distance: Is it possible to file bankruptcy on student loans?
Filing bankruptcy on student loans is difficult but not impossible. When filing for bankruptcy, you must also file a petition claiming that repayment of your student loans would cause undue hardship. Once you have filed, your fate is in the court’s hands. They use a certain level of discretion, and each case is treated differently, which makes it hard to accurately predict an outcome. It is up to you to prove that repayment of your student loans would not only cause your wallet pain but distress to you as well.
Unfortunately, the courts are not always as forgiving as we would like them to be, and we may have to defer to another option. If you are denied a discharge of student loans based on hardship, you can also apply for Chapter 13 bankruptcy. This “reorganization” is the next best thing, allowing you to postpone your student loan payments and catch up on any other debts that you may have. The advantage of this is that the payments are court-determined, so there will be no evil collectors knocking at your door.
Be aware, however, that this is not a get-out-of-jail-free card. You will still owe the balance on your student loans, but Chapter 13 bankruptcy gives you precious time to get your affairs in order.
Bankruptcy should never be a first choice, particularly if you are petitioning to discharge your loans. Many courts will want to see that you have exhausted all other options first. Although bankruptcy can put a cap on your debts and keep creditors at bay, it is not an end to your problems. Bankruptcy stays on your credit for seven to ten years, and the stigma attached can make it difficult to obtain credit down the road when you need it. Before things are too out of control, consider exploring the tools and services available from Ovation that can help you manage your debt and protect your credit.




