It is often heard that “student loans can’t be wiped out in a bankruptcy.” This is not strictly correct. Although it is not the norm, student loans can be discharged in a bankruptcy as long as certain conditions are met. Bankruptcy law is complicated, and involves an interplay of federal and state law, as well as local procedures, and only an attorney knowledgeable in the case law of your location can truly help you.
In the first place, what is an “educational loan” or a “student loan”? An educational loan under Section 523(a)(8) is a loan: for an educational benefit or loan that was made, insured, or guaranteed by a governmental unit, or made under a program that is funded in whole or in part by a governmental unit or nonprofit institution; or it is a debt for an obligation to repay funds that were received as an educational benefit or scholarship.

You must be logged in to post a comment.