Student Loan

A student loan is one made for educational purposes, including both federal loans and most private educational loans. Student loans are not ordinarily discharged in bankruptcy.

Frequently Asked Questions

Our frequently asked questions also address Student Loan:

Can bankruptcy get rid of student loans?

In short, no. Student loans, both federally backed loans such as perkins, stafford, and PLUS loans and private student loans, are presumptively non-dischargable. A non-dischargable debt is not affected by the bankruptcy discharge, and the debtor remains liable on the debt after bankruptcy.

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What happens to tuition bills in bankruptcy?

Student loans receive special treatment, and are generally not discharged (wiped-out) by a bankruptcy case. But student loans are not the only sort of educational debt. In some cases, the debt is an unpaid tuition bill or other charges owed to a school, college, or university.

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Blog Posts

We have discussed Student Loan in the following posts on our bankruptcy blog:

What Exactly is a Student Loan in Bankruptcy?

Dec 5, 2011

Student loans are not generally discharged (i.e. wiped out) in a bankruptcy proceeding. But what exactly is a student loan?

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When a Student Loan is Too Much to Pay

Jan 10, 2012

Student loans are a significant category of debt for many consumers. This is particularly true in the Raleigh-Durham area, home of numerous leading universities. With outrageous educational price inflation over the last decade and continued weak job markets, many former students are left with student loan balances far exceeding their ability to repay. Unlike almost every other consumer debt, bankruptcy is seldom effective at getting rid of student loan debt. Instead, for borrowers of federally backed student loans, an alternative repayment plan is often the best option.

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