Livonia, MI asked in Bankruptcy for Michigan

Q: Bankruptcy on defaulted student loans

I understand you have to prove undue hardship to file on student loans, but is it possible to file on DEFAULTED student loans?

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1 Lawyer Answer
Trent Harris
Trent Harris
  • Bankruptcy Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in default or not, undue hardship is the test. For more information, consult with a qualified bankruptcy attorney in your area.

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