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Legal Blog

Generally, student loans are exempt from discharge and bankruptcies under 11 USC 523(a) 8, unless accepting such a debt from discharge would impose an undue hardship on the debtor or the debtor’s independence.

 

What ends up happening is that the burden of proof is on the debtor’s undue hardship and an undue hardship is generally only found in truly unexceptional cases; such as illness or existence of unusually large number dependence.


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