How can I get my student loans discharged in California?

Student loans are some of the most difficult loans to have discharged through bankruptcy. In fact, the only way a bankruptcy court will discharge them is if you can prove they impose an “undue hardship” on you, your family and your dependents. The most common example of “undue hardship” is if you become permanently disabled and have no chance of becoming employed in the future. Additionally, the court recognizes the Brunner test. 

Under Brunner, a student loan is discharged through bankruptcy if you would not be able, based on income and expenses, to maintain a “minimal” standard of living if you were forced to repay the loan, that the situation is likely to continue for an extended period of time, and if you have made a reasonable, good-faith effort to service your debt.

          In order to have your loans discharged through bankruptcy you will need to file a separate petition and appear before a judge to state your case for undue hardship. Due to the procedural hurdles and court filings, it is recommended that you seek the advice of a bankruptcy attorney who can help you understand your student loan bankruptcy options and determine if you qualify for an undue hardship discharge.