How do I obtain a discharge of student loans in Chapter 13 Bankruptcy?

In Washington, obtaining a discharge of student loans in Chapter 13 Bankruptcy can be a complex process. To start, the debtor must file a motion to the court to ask for a ruling allowing the discharge of the student loan debt through their bankruptcy. This motion should include details about the circumstances of why the debtor is requesting a student loan discharge. The court will then consider the motion, which must demonstrate that the repayment of the debt would be an undue hardship on the debtor. The court will review factors such as the debtor’s income, expenses, age, and health in determining if this is the case. If the court rules in favor of the debtor, they will be granted a discharge of the student loan debt. It is important to note that a discharge of a student loan is not guaranteed. The court may decide that the debtor is not eligible for a discharge and therefore must continue to make regular payments on their student loan debt. Additionally, some student loan debt may not be eligible for discharge in Chapter 13 Bankruptcy, such as Perkins Loans or loans not issued under Title IV of the Higher Education Act. If you are considering filing for Chapter 13 Bankruptcy in Washington, it is important to consider all of the factors related to obtaining a discharge of student loan debt. Consulting with an experienced bankruptcy attorney can help you understand the process and determine if you are eligible for a discharge.

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How do I obtain a discharge of student loans in Chapter 13 Bankruptcy?

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