Student loan debt in America has reached over $1 trillion, which exceeds the total amount of the nation’s credit card debt. Because of the relatively recent increase in student loan debt, more borrowers are looking to the Bankruptcy Code to see if their student loan debts can be discharged and the federal government has instituted a number of student loan repayment programs.
In his Law360 article “The Changing Landscape of Student Loan Dischargeability,” Attorney Steven Werth discusses the benefits and drawbacks of these programs, which both help and hinder those with significant amounts of student loan debt. Though borrowers now have additional financial planning options that did not exist ten years ago, the new options may also make it more difficult for borrowers to obtain a discharge of their student loan debts under the Bankruptcy Code.
This is especially true for borrowers who have not investigated whether they are eligible for such programs, or whether such programs are appropriate given a borrower’s financial situation. Every borrower should consider these issues prior to commencing their bankruptcy case.
