Can I discharge student loan debt through bankruptcy?

In California, discharging student loan debt through bankruptcy is extremely difficult. Under the U.S. Bankruptcy Code, student loans are considered "non-dischargeable," meaning that they are not eligible to be written off in bankruptcy. This means that filing for bankruptcy in California will not eliminate your student loan debt. However, there are exceptions to this rule. If your student loan debt has caused you undue hardship and can’t be managed through repayment plans or other debt management strategies, then you may be able to receive a partial or full discharge of your student loan. This process is called an "adversary proceeding," and it requires filing a separate lawsuit in bankruptcy court that demonstrates that repaying your student loans would cause a significant financial hardship. Many courts will require you to demonstrate that you have made a good-faith effort to pay off your debt before granting a discharge. It is important to note that filing for bankruptcy can have long-term consequences, such as a negative impact on your credit score. With this in mind, it is recommended that you speak with a bankruptcy attorney before making a decision about filing for bankruptcy. An experienced attorney can provide insight into your unique financial situation and help you determine if bankruptcy is the right choice for you.

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