Legal Question in Bankruptcy in California

Student Loans Definition of hardship

we are filing for bankruptcy and owe 20,000 on student loans at 300.00 a month which we can't afford. i know the only way they can be discharged is by hardship who or what determin's whether it's a hardship or not?


Asked on 5/29/99, 9:28 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Student Loans Definition of hardship

For information on the hardship discharge, please visit my web page at http://www.bklaw.com/bklaw and go to the Chapter 7 Link and scroll down to student loans. If you still have questions after that, let me know.

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Answered on 6/01/99, 7:55 pm
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Student Loans Definition of hardship

The Undue Hardship discharge has been around for sometime and there are numerous decisions on this matter. The basic concept is that the debtor must make a very strong showing of hardship (i.e. no benefit from the education, no anticipated future benefit, etc)through the filing of an Adversary Proceeding within the bankruptcy case.

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Answered on 6/01/99, 8:25 pm


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