Q: If my son files for bankruptcy does his student loan debt go away?
A: The short answer is: Not likely. There is an exception in the law for the discharge of student loans if you can demonstrate "undue hardship". Every client who files bankruptcy is experiencing some form of undue hardship. The bankruptcy judges are extremely reluctant to grant an "undue hardship" discharge of student loans. Congress has made it crystal clear to the courts that student loans should not be discharged in bankruptcy except in the most extreme cases of hardship. In conclusion, although it is theoretically possible to have student loans discharged through a bankruptcy filing, in practice it is nearly impossible.
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