Can I discharge my student loan debt in bankruptcy?

In California, the answer to the question if one can discharge student loan debt in bankruptcy is generally no. There is a very limited exception to this, which is if a court determines that repayment of the student loan would cause an undue hardship. For instance, if a student has a severe physical or mental disability that prohibiting repayment, then a court may agree to discharge the student loan debt. In addition, the student must have made "good faith" payments on the loan for at least five years in order for the court to even consider a discharge. In most cases, the court will not approve a discharge, as student loans are considered to be one of the most secure forms of debt that a person can enter into. For some students that are unable to pay off their student loans, there are alternatives to discharging their debt. These include loan consolidation, loan forbearance, and income-driven repayment plans. Loan consolidation can lower the amount of interest that a student must pay on their loan, while allows them to make payments over a longer period of time. Loan forbearance gives a student temporary relief from monthly payments, while income-driven repayment plans allow them to make payments based on their income.

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