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Can I Discharge Student Loans in Bankruptcy?

The short answer is no.  But … in some rare cases, student loans can be discharged if the debtor can show “undue hardship.”  The standard for “undue hardship” requires a three-part showing:

(1) that you cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her dependents if forced to repay the loans;

(2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and

(3) that the debtor has made good faith efforts to repay the loans.

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