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I have a question about what can be discharged in ...

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I have a question about what can be discharged in bankruptcy. My son got student loans back in 1991 from Sally Mae. 2 years later, they discounted the loans and sold them to United Student Aid Funds, Inc. (USA Funds is a private corp). One attorney told me tht he TOUGHT the loan could be discharged if it is not a government agency or backed by the US government. Can these loans ($5200) and $3100 to a private business college be discharged?


Thank you for your question.

Student loans are no longer dischargable in any chapter of bankruptcy unless you can prove that repaying the loan creates an undue hardship on you or your family.

Proving hardship usually requires showing that the payor can not provide a minimum standard of living the payor or the payor's dependents if they have to repay the loan. Some courts will discharge part of the loan on a showing that repaying it all would be a hardship.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


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