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Debts and discharge
Undue hardship
The standard a debtor must meet to discharge student loans. Repaying must impose an undue hardship on the debtor and the debtor's dependents, and it must be proven in an adversary proceeding. 1
Talk to a lawyerHow it works
Student loans are generally not discharged in bankruptcy unless not discharging them would impose an undue hardship on the debtor and the debtor's dependents. 1
Under the Justice Department's guidance, its attorneys look at three things: whether the debtor can pay now, whether that inability is likely to continue, and whether the debtor has made good-faith efforts to repay. 2
Common questions
Does missing payments in the past rule me out?
Under that guidance, past non-payment, or not enrolling in an income-driven repayment plan, does not automatically disqualify a debtor. 2
Sources
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