Legal Question in Bankruptcy in Florida

No one could know that without ANY facts at all.

Discharge in bankruptcy ? That is a very high bar to reach. As attorney Grosse indicated without more information, it is impossible to provide you with the answer you are requesting.

The question needs to be clarified a bit. Most types of debts can be discharged in bankruptcy, and debtors routinely get discharges. Certain types of debts are not dischargeable at all.

The term "undue hardship" in this context usually arises with regard to student loans, and I think the previous answer refers to a discharge of student loans.

Student loans can generally not be discharged, unless the debtor can prove "undue hardship on the debtor and the debtor's dependents". 11 USC Section 523(a)(8).

The level of proof required is very high, and the case law says you have to show that you made a good faith effort to pay the loans back, in fact did pay in the past, and that making continued payments will have a serious adverse effect on both the debtor and the debtor's dependents.

Most attorneys think this is a nearly impossible burden to show, and I agree.

Robert Wilcox

(904) 281-0700