Can I discharge student loan debt through bankruptcy?

In general, discharging student loan debt through bankruptcy is very difficult in North Carolina. Student loan debt is treated differently than other types of debt under the US Bankruptcy Code. Student loans are not automatically discharged by filing a bankruptcy petition unless the debtor can prove that repaying the loan would cause an undue hardship. The debtor must demonstrate a lack of current income or resources to pay the debt, along with a future inability to pay the debt. Unless the debtor can prove undue hardship, the bankruptcy court will deny a discharge of the loan. The court will require the debtor to enter into a repayment plan for the student loan. This repayment plan could be more lenient than the original terms of the loan. The most important point to remember is that proving undue hardship is extremely difficult. The debtor must provide extensive evidence of their current financial situation and be prepared to present their case to the court. If the debtor is unsuccessful in proving undue hardship, their student loan debt will remain the same and will not be discharged.

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Can I discharge student loan debt through bankruptcy?

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