Legal Question in Bankruptcy in Pennsylvania
Student Loans
Can a student loan that is almost 20 years old become dismissed?
Asked on 5/12/00, 6:08 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Student Loans
I presume by "dismissed" you mean discharged in bankruptcy. By student loan, I presume you mean one issued or guaranteed by a governmental agency or non-profit institution.
Student loans are generally not subject to statutes of limitations. The age is therefore probably irrelevant. The only way student loans can be discharged in bankruptcy is if the debtor can prove that the loan constitutes an "undue hardship," which is a very difficult standard to meet. Speak with an experienced bankruptcy lawyer in your area to see how your local court has construed this standard.
Answered on 7/03/00, 12:11 am
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