Can I discharge student loan debt through bankruptcy?

In Virginia, it is generally not possible to discharge student loan debt through bankruptcy. This is because most student loans are considered non-dischargeable, meaning they cannot be eliminated through the bankruptcy process. The U.S. Bankruptcy Code states that student loans can only be discharged if it can be proved that paying them will cause an "undue hardship" for the borrower. To prove this, a borrower must show that they cannot afford to make payments even if a repayment plan is set up, and that their financial situation is unlikely to change in the future. Moreover, student loan debt is treated differently in bankruptcy proceedings than other forms of debt. Since student loan debt is such a large portion of the overall debt in the United States, Congress has chosen to make it harder to discharge. Student loan debt relief options can be explored outside of bankruptcy, including income-based repayment plans and loan consolidation. Individuals may also be able to have loans forgiven if they make payments under a public service loan forgiveness plan or if they teach in a low-income school. The best way to make sure that all your debt relief options are understood is to speak to a bankruptcy lawyer. A bankruptcy lawyer can provide you with advice about the laws in Virginia and what the best course of action is for you.

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Can I discharge student loan debt through bankruptcy?

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