Legal Question in Bankruptcy in Ohio

Although it is very difficult to discharge student loans in bankruptcy, there are very limited circumstances under which you may be able to do so. You have to prove that repaying the loan creates an undue hardship on you or your family. To establish an undue hardship, you would have to show that you are unable to provide a minimum standard of living for yourself and your dependents if you have to repay the loan. Even in cases where a judge has determined that paying the loan would be an undue hardship, most will be reticent to discharge the entire student loan and opt instead to grant a partial discharge.

A more common approach to addressing student loan debt is to include it in a Chapter 13 plan. You would be responsible for making a plan payment every month for 3-5 years, a portion of which will go to paying down the student loan. At the end of the plan, all unsecured debt remaining may be discharged. The student loan balance, however, will be undischargeable and will survive the bankruptcy.