When did student loans become exempt from bankruptcy?

Federal student loans became nondischargeable in bankruptcy proceedings in 1976. Before then, debtors could discharge student loan debt along with most types of consumer debt. That ended in 1976 when Congress amended the Higher Education Act of 1965.

Why are there no bankruptcy exceptions for student loans?

Some can’t explain the rationale for the student loan “no bankruptcy” exception, but others say it grew from a concern that student loan borrowers could take advantage of bankruptcy laws, borrow a bunch of debt, earn a degree and then file for bankruptcy.

When was the dischargeablility of student loans changed?

Congress then changed the law: student loans were dischargeable if they had been in repayment for five years. Subsequently, that period was extended to seven years. In 1998, Congress removed dischargeablility except if a debtor could show that paying back the student loans would create an undue hardship.

What happens to the federal student loan debt?

Since the vast majority of student loan debt outstanding is comprised of federal student loans, any cancellation of federal student loan debt would be at the federal government’s (and taxpayer) expense. What Else Can You Do If Your Struggling To Make Student Loan Payments?

What happens when you file a complaint against a student loan?

To have your student loans considered for discharge, you can file a complaint to determine dischargeability, which initiates what’s known as an adversary proceeding. You (and an attorney) attempt to prove your case for financial hardship.

What happens to my student loans if I file bankruptcy?

If, as in most cases, your loans are not discharged in bankruptcy, here’s what happens. 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.

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.

When does a student loan debt get discharged?

Some debts are fully discharged, while others are not. A January 2020 bankruptcy court decision discharged the $221,385.49 student loan debt of a U.S. Navy veteran, stemming from his Chapter 7 proceeding. However, the possible watershed ruling was ultimately appealed by the borrower’s loan servicer.