Legal Question in Bankruptcy in Kentucky

are student loans ever eligible for bankruptcy, these loans are over 15 years old and currently in default and wage garnishment


Asked on 3/04/10, 5:12 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Student loans are not easily discharged, but they can be under certain circumstances. The court looks to see if repayment of the loans would create an undue hardship. They look at your current ability to repay the loans and your likelihood of repaying them in the future (your future earning ability). They also look at whether you have tried to repay them in good faith. In the 6th Circuit, which includes Kentucky, there is a three factor test that the courts apply. You really need to get with an attorney who practices bankruptcy to look at your overall situation and recommend a course of action.

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Answered on 3/10/10, 6:55 am


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