Can student loans be discharged through Chapter 7 Bankruptcy?
In South Dakota, student loans are generally not eligible to be discharged through Chapter 7 Bankruptcy. Chapter 7 Bankruptcy is a form of debt relief that allows individuals to discharge certain types of debt they have accumulated. Student loans are not typically considered to be eligible for discharge in a Chapter 7 Bankruptcy. In the case of student loans, it is often necessary to prove that repayment would cause the borrower an "undue hardship" in order to have the loan dismissed. This type of proof can be difficult to obtain, and it is not always successful. If a court does grant an undue hardship discharge for the student loan, only the loan principal may be discharged. Interest, fees, and other charges may still remain. It is important for individuals to be aware that student loans are rarely eligible for a Chapter 7 Bankruptcy discharge. Before filing for bankruptcy, individuals should consult with an attorney experienced in South Dakota bankruptcy laws to explore other options for managing student loan debt.
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