Student Loans and Las Vegas Bankruptcy: Can it help?

What’s the story with discharging student loans in bankruptcy in Las Vegas?  Can bankruptcy help Las Vegas residents deal with student loan debt?

The conventional wisdom is that you can’t discharge your student loan debt.  Even in bankruptcy.  That’s due to rules written into the bankruptcy law that specifically state that student loan debt cannot be discharged.  It seems strange since there’s nothing magical about student loan debt.  It’s just a matter of politics.  The student loan business was simply able to get its interests protected when the bankruptcy code was written.

The only exception to this rule is the “undue hardship” exception.  In other words, if you’re facing a situation so severe that you won’t be able to earn income in the future because you’re physically unable to work anymore, then just maybe you can get your student loan debt wiped away. Short of that, however, the exception is not applicable.

The one other way you can attempt to tackle student loan debt through the bankruptcy process is via a Chapter 13 bankruptcy filing.  It can’t get rid of your student loan debt.  But it may help you manage it a bit and get your other debts under control which will enable you to make payments on it over a 3 to 5 year period.

Of course, attempting to deal with student loan debt via the bankruptcy process is complicated and is likely best served by retaining experienced Las Vegas bankruptcy counsel.

If you’re wondering whether there might be a way to deal with your student loan debt via the bankruptcy process, feel free to contact an experienced Haines & Krieger bankruptcy attorney at 702-880-5554 for a free initial consultation.

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