Legal Question in Bankruptcy in California

Re: student loan discharge based on disability

Step one is to actually for for bankruptcy. Step two is file a lawsuit within the bankruptcy against the lender to determine the dischargeability of the debt. This is called an adversary proceeding.

You have the burden of proof to show that you qualify under the bankruptcy code for a hardship discharge of the student loan. This is very difficult to do even WITH the help of an attorney.

The new bankruptcy laws are much more friendly to creditors. I strongly recommend that you consult with a qualified bankruptcy attorney to discuss your options and likelihood of success.