Student Loans and the Current Bankruptcy
February 28, 2023

If you’re struggling to make ends meet, or the balance of your student loan doesn’t cover your other bills and expenses, bankruptcy may be an option. Bankruptcy would erase all or part of your debt and protect your credit rating. However, bankruptcy is only available in certain situations and must be filed through a court–not through a lender or credit card company.
There are three types of student loans.
- Private loans – These are typically issued by banks and credit unions. You can get them through the school, or you can go directly to a lender. The interest rate on private loans is usually higher than federal loans or other forms of student aid offered by your school (but don’t be fooled–private lenders want to make money!). You’ll pay back this debt over 20 years with interest accruing at a fixed rate set by your lender every month, unless you change it.
- Federal Stafford Loans – When Gov. William J. Clinton signed the Higher Education Act into law in 1992, he said that “this new law will revolutionize the way America educates its youth.” This was an important statement because it showed that higher education was becoming more accessible for everyone–not just those who could afford private colleges or universities before then!
- Since then, this program has provided help for countless students seeking higher education degrees across all fields including nursing programs (for example), engineering programs (like electrical engineering), business management degrees etcetera…
The Department of Education determines how much you can borrow, on what conditions and how long it will take to pay it back.
The Department of Education determines how much you can borrow, on what conditions and how long it will take to pay it back. For example, if you want to borrow $3,000 with a 3% interest rate and a repayment term of 10 years, then your lender will have to get permission from the Department before they give you that money.
The government sets the maximum amount you can borrow each year by setting limits on student loans at different ages (for example, when you’re 18 or 21). They also set limits for other types of loans such as parent PLUS loans and private student loan programs like Stafford Loans (for which there are no annual limits).
If you’re struggling to make ends meet, or the balance of your student loan doesn’t cover your other bills and expenses, bankruptcy may be an option.
If you’re struggling to make ends meet, or the balance of your student loan doesn’t cover your other bills and expenses, bankruptcy may be an option.
Bankruptcy is a last resort for most people. When it comes to student loans, though, there are some compelling reasons why bankruptcy might be right for you. Here’s what they are:
- You can avoid foreclosure on your home by filing for Chapter 7 (liquidation) or Chapter 13 (reorganization). If this happens before payments stop coming in from your former employer and/or others who owe money on the mortgage through collection agencies or judgments against them, then all those assets will go into judgment sale–meaning that everything being sold off by the court is instantly worth zero dollars in value! That’s how bad things get when someone files for bankruptcy with defaulted student loans;
- It means that any asset(s) held by them has already been sold off at pennies-on-the-dollar value because there was no way anyone could pay back their balances after they stopped making payments months ago.*
- You won’t lose your car either since most states allow vehicle repossession while someone continues paying rent/mortgage/utilities etcetera through income checks every month instead of just writing checks out once every two weeks like most people do nowadays.*
- Finally but perhaps most importantly – if found guilty during trial proceedings where evidence presented shows that one person owes more money than he/she can afford then he will lose everything including property ownership rights over said properties due to lack thereof coverage under current financial status conditions
Bankruptcy could get rid of your debt and protect your credit rating.
If you’re facing the prospect of student loan debt and bankruptcy, it’s important to know that it can help you avoid all of these problems.
Bankruptcy can help you avoid being overwhelmed by mounting debt from student loans and get rid of your obligation to pay back any remaining money owed on those loans. It also gives you an opportunity to get out from under other types of unsecured debts like credit cards and medical bills, which are often harder for people who are having trouble making ends meet financially due to their financial situation.
If you file for bankruptcy after filing for Chapter 13, this will prevent foreclosure or repossession proceedings against the house (like what happens when a home owner defaults on their mortgage). However if there were no plans made before filing then this may not apply as they won’t receive any benefit from such action at all!
Bankruptcy is also an option if you have a co-signer on a student loan, which is why it’s important to discuss this possibility with your lender before applying for bankruptcy.
If you have a co-signer on a student loan, which is why it’s important to discuss this possibility with your lender before applying for bankruptcy.
A co-signer is someone who agrees to guarantee the loan and assume responsibility for any future payments if you don’t pay them back. If you have one, then you can’t file for bankruptcy because your co-signer will be responsible for paying off their portion of the debt.
If your parent or other family member has agreed to be guarantor on their child’s student loans, then they also cannot file for Chapter 13 bankruptcy (unless there are good reasons). You may be able to ask them to remove themselves from being liable as a guarantor–but only if all other options have been exhausted first!
A bankruptcy filing can help you avoid getting overwhelmed by mounting debt from student loans.
If you file for bankruptcy and have student loans, your debt will not be discharged in bankruptcy. In order to be discharged from a student loan in a Chapter 7 bankruptcy, the debtor must meet one of two exceptions:
- The debtor is disabled or elderly (age 62 or older).
- The debtor has dependent children who are not able to pay their own debts.
Conclusion
Bankruptcy is an option, but it’s important to understand the consequences before you file your case. If you’re considering bankruptcy, it’s important to consult an attorney who specializes in consumer law and has experience with student loans. An attorney can help guide you through the process and make sure that everything goes smoothly so that your debt doesn’t overwhelm you later on down the road.