Student loans are usually nondischargeable. However, these loans may be discharged by showing that it would be an undue hardship on the debtor. This would entail filing a lawsuit against the creditor and the debtor will have the burden of proving that it would be an undue hardship to pay these loans.

It is important to contact a lawyer to find out if this is the appropriate step for you to take because it can be very difficult, time consuming, and expensive for the court to find an undue hardship for the debtor. Most courts will require that the debtor prove the following elements: (1) that the debtor cannot maintain, based upon their current income and expenses, a “minimal” standard of living if compelled to repay the student loans; (2) that these circumstances are likely to persist for a significant portion of the repayment period of the student loans; and (3) there has been a good faith effort to pay the loans.

If you answer yes to the following three questions then an undue hardship may be right for you in order to eliminate your student loans:

1. Will repaying your student loans prevent you from maintaining a minimal standard of living?

2. Will it be difficult for you to maintain your minimal standard of living over the repayment period?

3. Did you make an effort to repay the loan before filing bankruptcy?