Asked in Bankruptcy for North Carolina

Q: How can student loan be discharged in bankruptcy ? Does it cost to try ?


My wife and I decided to file for bankruptcy, we have too many debts, credits cards,loans, car repossessed...

I also have a Federal Student loan of about $60.000 and I know it's super hard and almost impossible to discharge federal student loans but from my researches online I see there is some possibilities if repaying the loan will cause a hardship.

I have 3 kids, one of them is autistic ( It's a permanent disability), and we are spending a lot of money to buy supplements for him, special diet, organic foods, travel out of state to see specialists and paying out of pocket for tests that insurance won't cover...

I didn't even finish school because I was not well emotionally with all the debts and my son diagnosed with autism..

I am currently working making $17 and hour, my wife is not working because someone need to be with my son 24/7.

My question is will this be enough to prove that repaying my student loan will cause hardship and inability to take care of my son

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Student loans are rarely ever completely discharged. You have to prove undue and continuing hardship. It does cost more bc it is a separate proceeding within the bankruptcy.

Lynn Ellen Coleman agrees with this answer

Lynn Ellen Coleman
Lynn Ellen Coleman
  • Bankruptcy Lawyer
  • Licensed in North Carolina

A: It is highly unlikely you would be able to discharge your student loans in bankruptcy under the facts you presented. It does add significantly to the cost of filing bankruptcy. You should have a personalized consultation with a qualified consumer bankruptcy attorney in your area for specific advice. You can file bankruptcy without an attorney, but attempting to get a student loan discharged in bankruptcy is something that most people could not do without an attorney.

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