In most cases, student loans cannot be discharged in bankruptcy. However, you may be able to discharge your student loan if you qualify because the repayment of the student loan results in an “undue hardship” to you. In reviewing your request for a discharge of your student loans, the bankruptcy court will consider the following:
- Are you unable to maintain a minimum standard of living if you have to repay the student loans?
- Will your financial hardship remain the same for the amount of time it will take to pay off the loan?
- Have you made a good faith effort to repay the student loan?