Legal Question in Bankruptcy in Kentucky

Can Federal Student loans be included in bankruptcy?

Asked on 5/14/13, 9:29 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Federal student loans are "included' when you file a bankruptcy, but that does no mean they are discharged. To discharge a student loan, you must file a lawsuit within the bankruptcy, called an "Adversary Proceeding", where you must prove three things in order to discharge the student loan. You must prove that: 1) You have made good faith efforts to repay the debt, 2) it is currently an undue hardship to to pay the debt, and 3) for the foreseeable future it will continue to be an undue hardship to repay the debt. It is very hard to win these lawsuits.

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Answered on 5/14/13, 11:49 am

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