The student loans can be of basic two types. They are federal and private. Whatever the types are, it is not an unusual fact that the borrowers may file as bankruptcy. And the bankruptcy will have to be discharged through a procedure. But, the fact is, you can only get discharged of the bankruptcy of you have been through undue hardship to manage the debts of the student loans. But, if the reason is not the undue hardship, then you may have to follow the procedures of getting discharged from the credit card debt bankruptcy. Here you get to know the detailed discussion in this regard.
The undue hardship standard does have a verity of attributes. It varies from jurisdiction to jurisdiction. Generally, it is quite a different and difficult task to get discharged from the bankruptcy with the student debt, at the same time; it is kind of a difficult procedure to meet the requirements of getting discharged to a non dischargeable bankruptcy. So, with the student loan debts, you might have to face this trouble as the student bad credit loans are generally no dischargeable to bankruptcy. But, if you need that, certain procedures must have to be followed by you.
If you have filed as bankruptcy with the student loan, you will have to file a petition to the district court. And in the district court, you will need to provide statement on behalf of your filing as bankruptcy, definitely, you will have tom prove that you have been through undue hardship and that is the reason, you could not afford to pay back the debts. You will need to prove the following things:
- You earn a very low income and that is not sufficient for your survival.
- The low income has sent you and your dependents to go through undue hardship.
- The undue hardship and financial status have leaded you to become a defaulter in the debt repayment.
- You have somehow recovered from the situation and now, you are ready to get discharged from the bankruptcy.
After proving all statements, court will have to be satisfied with your statements and documents. And if you can satisfy the court, then you will get discharged from the loan which is the major cause of your filing as bankruptcy. And if the debt has been dismissed there remains no point of filing as bankruptcy. You will be discharged form it automatically.
And after that, the court will come to negotiate with the unsecured loan lenders. The negotiation will turn out to be in a status where the debtor will be given with a repayment plan in accordance to his income status. And after that, debtor will have to pay back the debts in accordance to that plan. This plan will be made with the negotiation of the lenders, borrowers and the court. So, the repayment plan must have a design which will suit all the parties and the debtor must not have any problems to pay that back.