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Does a judge have to specifically state conditions of undue hardship have been met to discharge a student loan and if so starting when was this required?
Wiki User
∙ 18y ago
Yes, in order to discharge student loans which fall under the criteria in 11 USC 523(a)(8), the Bankruptcy Judge has to specifically declare the repayment of the student loans to constitute an undue hardship on the debtor or a dependent of the debtor in order for the student loans to be discharged. To get the Court to do this, yu have to file an Adversary Proceeding (i.e. a federal lawsuit) against the student loan lender during the pendency of your bankruptcy case. Also, the standard for "undue hardship" is very tough, unless you're like 97 years old or permanently paralyzed, you better plan on paying them!
Wiki User
∙ 18y ago
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