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Bankruptcy and student loans: What students and parents need to know

On Behalf of | Apr 15, 2025 | Bankruptcy

Recent changes to student loans have left many students and parents feeling uncertain about the future. The suspension of certain repayment plans and modifications to loan forgiveness programs have caused confusion and concern.  It is a confusing time, but understanding your options is more important than ever.

The growing concern over student loan debt

In recent months, adjustments to student loan policies have sparked worry among borrowers. Many students and parents are anxious about managing their debt, especially when monthly payments have increased significantly.

The suspension of some income-driven repayment plans has added to the confusion. These plans typically consider a borrower’s income and family size to determine affordable monthly payments. However, with the recent changes, borrowers are unsure how to apply or recertify their eligibility, which is essential for maintaining manageable payments.

The uncertainty does not stop there. Changes to loan forgiveness programs and the potential overhaul of the federal student loan system have left borrowers wondering what the future holds.

Bankruptcy and student loans: A challenging path

When faced with overwhelming student loan debt, some may consider bankruptcy as a last resort. However, it’s crucial to understand that discharging student loans through bankruptcy is not easy. Unlike other types of debt, student loans require an extra step in the bankruptcy process.

For a court to discharge student loans in bankruptcy, You need to demonstrate that repaying them would result in significant hardship. This involves filing a separate action called an “adversary proceeding” in bankruptcy court. The court will examine your financial situation and determine whether you can maintain a minimal standard of living while repaying the loans.

The importance of legal guidance

Given the complexity of bankruptcy laws and the specific challenges of discharging student loans, seeking legal help is often advisable. An experienced bankruptcy attorney can help you understand your options and present your case effectively in court. They can also help you explore alternatives to bankruptcy that may be more suitable for your situation.

While the current student loan landscape may seem bleak, it is important to remember that changes are ongoing. Policymakers are aware of the growing student debt crisis and are working on solutions. In the meantime, stay informed about your options.

Contact your loan servicer to discuss potential solutions if you are struggling with payments. The path forward may not be easy, but with the right information and support, you can navigate the complex world of student loans and manage your debt effectively.

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