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Can I discharge student loans?

Student loans are generally not discharged in bankruptcy.

There are two categories of exception to this rule:

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The student loan may be discharged if it is not insured or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or nonprofit institution.
 

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The student loan may be discharged if paying the loan will impose an undue hardship on the debtor and the debtor's dependents.

These provisions are not automatic.  You should consult an attorney to determine whether your student loans are dischargeable.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
February 21, 2005

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