Student loans are no longer dischargeable
in any chapter of bankruptcy unless you can prove that repaying the loan creates
an undue hardship on you or your family. Prior law allowed their discharge
once they had been in pay status for 7 years. The law changed in the
fall of 1998.
Proving hardship usually requires showing that you
can't provide a minimum standard of living for yourself and your dependents if you have to
repay the loan. Some courts will discharge part of the loan on a showing
that repaying it all would be a hardship.
Student loans are
sometimes unenforceable due to school closures, fraud, etc. Chapter 13 can provide a
way to cure defaults on student loans, or to pay them off over the course of the plan.
See Why Choose 13.
More on student loans.