Legal Question in Bankruptcy in Kentucky
I have tons of student loans and I don't make enough money to pay for them.
Can I file a bankruptcy and put the student loans on it?
thanks
Asked on 5/03/11, 2:02 am
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Student loans are difficult to discharge in a bankruptcy. In order to get them discharged, you must file an "adversary proceeding". An adversary proceeding is like a lawsuit within a bankruptcy. To discharge student loans, you must convince the court of three things: 1) you have made a good faith effort to repay the student loans, 2) it is currently an undue hardship to repay the student loans, and 3) it is likely to continue to be an undue hardship for the foreseable future to repay the student loans.
Answered on 5/03/11, 7:08 am
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