Can I discharge student loan debt through bankruptcy?
In Washington, the answer to whether student loan debt can be discharged through bankruptcy is no. Student loans are not considered dischargeable debt in most bankruptcy cases, and this is true in Washington as well as other states. This means that filing for bankruptcy does not eliminate any responsibility for the repayment of a student loan. Federal student loans are regulated by the Department of Education and must be repaid regardless of filing for bankruptcy. This includes loans from the William D. Ford Federal Direct Loan Program, the Federal Family Education Loan (FFEL) Program, and the Federal Perkins Loan Program. The only way to have a federal student loan discharged is through certain special circumstances such as death or total and permanent disability. Private student loans are not covered by federal law, but in Washington state they can still be difficult to discharge. In some cases, Washington courts have allowed discharge of private loans if the loan was made without good faith, but discharging a private student loan in Washington is not easy. In summary, Washington state law makes it difficult to discharge student loan debt through bankruptcy. Federal student loans are not dischargeable, and private loans only have a possibility of being discharged in some cases.
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