Can student loans be discharged through Chapter 7 Bankruptcy?
In New Hampshire, most student loans can be discharged through Chapter 7 Bankruptcy if certain conditions are met. To qualify, the debtor must show that repaying the loans would be an undue hardship. To establish an undue hardship, the debtor usually needs to demonstrate that they have minimal income, have no other means of paying the loans back, and have no foreseeable path to increase their income in a way that will enable them to pay back the loan. Making the case for undue hardship can be difficult and will require the debtor to provide detailed documentation to the court. The debtor must also submit a statement of their current financial situation in order to demonstrate that they cannot repay the loans. If the court grants relief, the student loan debt will be discharged along with other unsecured debt. It is important to note that not all student loans can be discharged in Chapter 7 Bankruptcy. Parent PLUS loans, private loans, and certain government loans are generally not dischargeable under this type of bankruptcy. Additionally, even if a student loan is discharged, the debtor may still be liable for any accrued interest on the loan, even after the discharge. If you are considering filing for Chapter 7 Bankruptcy in New Hampshire and have student loans, it is important to discuss your options with a qualified attorney. They can help you assess your case and determine if a discharge of the loan debt is possible.
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