Discharge of Student Loan Debt

One of the biggest burdens on individuals filing either Chapter 7 bankruptcy or Chapter 13 bankruptcy are student loans.  Section 532(a)(8) of the bankruptcy code governs a debtor’s discharge of student loan debt.  The law presumes that such debts are not dischargeable.  There is a very narrow exception if a debtor is able to show that the repayment of the student loan will cause an “undue hardship” on the debtor.  The cases that have been decided By the Courts make it extremely difficult to prove the “undue hardship”, and very few loans are discharged.  There has been some limited exceptions allowed, but very few.  There is discussion that the one of the planks of platform being proposed by the Democrats for this election is some type of relief for burdensome student loans, and hope that the Republicans at least consider a similar plank in their platform.   Student loans cause great difficulties for many young people trying to get started in their financial life, and a burden that is almost impossible to overcome. 
Location: Memphis, TN, USA

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