Can I discharge my student loan debt in bankruptcy?

In Wisconsin, the general answer is no when it comes to discharging your student loan debt in bankruptcy. Under the law, student loan debt is considered nondischargeable debt and, as such, cannot be eliminated in bankruptcy. There are some limited exceptions to this general rule, however. These include if a court can prove that repaying the debt would cause an "undue hardship" on you or if the student loan debt has been found to be fraudulent, unconscionable, or illegal. The burden of proof is on the debtor to prove that they qualify for any of these exceptions, however. This means it is important to put forth a persuasive argument and have all relevant documents to support your case. Additionally, even if the court does grant an exception, it is important to note that the discharge is only partial. The court may decide to discharge part of the debt, but the debtor would still be liable for the remainder of the loan. In sum, it is generally not possible to discharge student loan debt in bankruptcy in Wisconsin. However, in certain limited circumstances, some of the debt may be excused. It is important to speak with an attorney to discuss your particular situation and prepare a persuasive case.

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