Can I discharge student loan debt through bankruptcy?
In South Carolina, student loan debt is usually not dischargeable through bankruptcy. The Bankruptcy Code has several requirements for debts to be discharged, and student loans generally do not meet these requirements. For instance, a debtor must be able to demonstrate an undue hardship in order to discharge student loans in bankruptcy. This is a very difficult burden of proof to meet. In addition, even if a debtor is able to demonstrate an undue hardship, the court may still not discharge the student loans if it finds that not discharging the loans is in the best interests of creditors or the public. The good news is that not all student loans are non-dischargeable in bankruptcy. For instance, private student loans may be dischargeable if the creditor does not follow proper procedures or if there is evidence that the loans were obtained fraudulently. So it is important to thoroughly investigate the details of your student loan before filing for bankruptcy. In summary, student loan debt is generally not dischargeable in South Carolina bankruptcy proceedings. However, there are certain circumstances in which private student loan debt may be discharged. Therefore, it is important to further investigate the specifics of your student loan before filing for bankruptcy.
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