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IPFS News Link • Student Loans/Debt

Is Student Loan Debt Now Dischargeable Through Bankruptcy?

• by Brittany Hunter

History was made earlier this month when a New York judge ruled that US Navy veteran Kevin Rosenberg's $221,385.49 student loan debt balance is dischargeable under Chapter 7 bankruptcy.

Prior to the ruling, attempting to dismiss student loan debt through bankruptcy was exceedingly difficult, if not altogether impossible. Unlike other kinds of consumer debt, which can be erased after filing for bankruptcy, student loan debt is the only type considered ineligible for dismissal unless certain legal requirements are satisfied.

As the US Department of Education's Federal Student Aid office explains, "You may have your federal student loan discharged in bankruptcy only if you file a separate action, known as an 'adversary proceeding,' requesting the bankruptcy court find that repayment would impose undue hardship on you and your dependents."

But proving undue hardship is not as easy as it may sound.

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