Discharging student loans in bankruptcy is generally challenging, but it is not impossible. The law treats federal student loans differently from other unsecured debts, such as credit card debt. To have student loans discharged in bankruptcy, an individual must prove what is called "undue hardship." This involves filing a separate proceeding known as an adversary proceeding within the bankruptcy case, where the borrower must demonstrate that repaying the loans would cause severe and pervasive financial distress.
The criteria for proving undue hardship can vary by jurisdiction but often require the borrower to meet three tests, commonly referred to as the Brunner test. Under this test, the borrower must show that they cannot maintain a minimal standard of living if forced to repay the loans, that this situation is likely to continue for a significant part of the loan repayment period, and that they have made good faith efforts to repay the loans.
Since bankruptcy laws can be complex and vary between states, it is advisable to seek professional legal advice to understand the specific implications for your situation and explore possible options. Furthermore, individuals can often find additional guidance and resources on the official National Student Loan Service Center website, which may provide further information on this topic.
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