Can I discharge my student loan debt in bankruptcy?

In Kansas, you may be able to discharge your student loan debt in bankruptcy, depending on the type of loan and your specific circumstances. Generally, private student loans are not dischargeable in bankruptcy, while federal student loans and some private loans may be eligible. However, you must prove that repaying the loan would be an undue hardship or an extreme financial burden. A court has to approve a discharge of a student loan. To determine if a student loan is eligible for discharge in bankruptcy, examine the terms of the loan. Is the loan a government-funded loan or a private loan? Private student loans are typically not dischargeable unless you can prove extreme financial hardship related to the loan. Federal student loans, however, are usually eligible for discharge in bankruptcy. If you believe your federal student loan is eligible for discharge, you must provide evidence to the court to demonstrate that you cannot pay the loan back without suffering an extreme financial burden. You must also demonstrate that you have made good faith efforts to repay the loan. If you are unable to prove extreme hardship or that you have made good faith efforts to repay the loan, the court may deny your request to discharge the student loan debt. If your request is denied, you are generally still required to pay back the loan.

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