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Legal Blog

Recently, a student loan was discharged due to the debtor having Asperger’s Syndrome and it was reported that a student loan debt was about $350,000.00 and $100,000.00 was discharged. The cardinal rule is that student loans are not discharged into bankruptcy, but in order for that to occur; the student loan must show that the loans are undue hardship on the debtor and/or his dependants. One of the examples of ways to show this is to show that you are not able to prove to the court that you are not able to work again in the future. In this circumstance, a Judge found that there is little likelihood that the debtor would be able to work. 

 

There are a lot of different issues that come up with student loans, but it’s an exception rather than the norm of being able to get a discharge and there is a high burden on the debtor

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