Can I discharge student loan debt through bankruptcy?

In Delaware, it is not possible to discharge student loan debt through bankruptcy. The U.S. Bankruptcy Code states that student loan debt is exempt from discharge in bankruptcy proceedings. This means that even after the bankruptcy process, you will still be responsible for the repayment of any remaining student loan debt. Even if a debtor is in serious financial hardship, the debt cannot be completely erased through bankruptcy. The only way to attempt to have student loan debt discharged is through an undue hardship claim. To qualify for an undue hardship claim, a debtor must meet certain criteria. This criteria includes that the debtor must demonstrate that the debt repayment would create an extreme financial hardship on the debtor that will continue for a significant portion of the repayment period. Additionally, even if the debtor can meet the criteria for an undue hardship claim, the claim is not guaranteed to be approved. Even if the court approves the claim, there is no guarantee that the entire amount of debt will be discharged. Overall, while it is possible to seek to discharge student loan debt through an undue hardship claim, it is unlikely that a debtor will be successful in having all of their student loan debt discharged. It is important to understand the limits and restrictions of bankruptcy law in Delaware and speak to a qualified attorney if you are considering filing for bankruptcy.

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Can I discharge student loan debt through bankruptcy?

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