Student loans are difficult, but not impossible, to discharge in bankruptcy. To do so, you must show that payment of the debt “will impose an undue hardship on you and your dependents.” Courts use different tests to evaluate whether a particular borrower has shown an undue hardship.

How can I get out of paying my Sallie Mae student loans?

Luckily, Sallie Mae offers deferments, meaning you can reduce or postpone your payments if you’re returning to college, going to graduate school or entering an internship or residency. You can receive a deferment for up to 48 months. When you defer your loans, interest continues to accrue on the balance.

Can a private student loan be discharged in bankruptcy?

Except in rare situations, bankruptcy law states that neither federal loans nor private student loans are eligible for a bankruptcy discharge. To discharge a student loan in bankruptcy, you must file an adversarial proceeding (AP). An AP is a lawsuit filed within the bankruptcy court, after a bankruptcy case has already been filed.

What kind of bankruptcy do you need for student loans?

Chapter 7 bankruptcy. In Chapter 7 bankruptcy, if payment of your loans is not an undue hardship, you’ll still owe them when your bankruptcy case is over. Chapter 13 bankruptcy. If you can’t discharge your student loans, Chapter 13 bankruptcy provides some other ways that can help.

Is it possible to get rid of student loan debt?

And bankruptcy can be a way to get help. Bankruptcy is not fun. Your credit gets destroyed for years, and you have to be in pretty dire financial straits for it to make sense. But if you reach that point, you can get your debts reduced or erased through bankruptcy so you can get back on your feet.

Can a student get a loan from a bank?

However, private financial institutions, such as banks, also offer loans to students, primarily because many students cannot fund their entire education without such supplementation. It doesn’t matter whether you have a government or a private student loan.