Aug. 24, 2022
Should student loans be discharged in bankruptcy?
See more on Should student loans be discharged in bankruptcy?
When I served as an Assistant United States Attorney, I was tasked with defending student loan adversary cases against the federal government in bankruptcy court and got a real insider's view of how student loans are serviced. It was not pretty. Student loans do not qualify for a general discharge in bankruptcy. A debtor must file and successfully prosecute an adversary proceeding (the equivalent of a lawsuit in bankruptcy court) to discharge student loans...
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