Bankruptcy discharge February 2016.
Separation from husband March 2016.
Still in divorce proceedings.
My student loan is in forbearance that will be ending soon.
What if your bankruptcy was filed prior to July 2015 date mentioned in the article and now I’m going through a divorce with no chance of child support. I have a good salary but my student loan (for my MBA) is putting an undue hardship on my family. do I have any options? The interest is killing the loan.
It must be a terrible time right now. Stressful and complicated for sure.
You did not indicate if your student loans were federal or private so if you could update me in the comments below, I can give you more specific advice.
In general, student loans are not automatically discharged in bankruptcy. They require a special action, actually for you to sue the lender in a bankruptcy suit known as an Adversary Proceeding. I doubt your bankruptcy attorney did this so you should expect your loans to be payable. However, if you can find a bankruptcy attorney licensed in your state with student loan experience they could go back and file this suit. Some people have done this on their own but it’s not for the faint of heart.
There are a number of reasons why a student loan may be discharged in bankruptcy. For private loans you have issues surrounding the status of the school, how the loan was used, if the lender can validate the debt. For both private and federal you have issues surrounding the totality of financial circumstances and the inability to pay. These typically involve job loss and illness.