Are student loans and medical bills discharged during bankruptcy?

Student Loans

Debts may be "discharged" by the bankruptcy court when someone files for bankruptcy.

Non-dischargeable debts are obligations that, in most cases, cannot be discharged by filing for bankruptcy and must be settled.

Federal and private student loans are not dischargeable in bankruptcy under the present legislation for cases submitted on or after October 17, 2005, unless you can prove that making your loan payments causes you, your family, and your dependents "undue hardship."

It has historically been quite challenging to meet the requirements of undue hardships as courts are not in favor of discharging student loans.

Medical Bills

If you file for Chapter 7 or Chapter 13 bankruptcy, you can discharge the majority of your medical obligations (two types of consumer bankruptcy).

Medical debt is categorized as "non priority," or all other unsecured debt.

In the event that you used credit cards to pay for medical expenses, which increased your credit card debt, Chapter 7 bankruptcy might be the best option.

Your medical debt will be partially discharged under Chapter 13 bankruptcy, giving you extra time to pay back the remaining total.

Higher earners might be required to file under Chapter 13.

If you are interested in learning more about working with the Law Offices of Senerchia & Sheehan on getting rid of debt, reach our offices today! 

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Disclaimers: This article is used for reference only and not intended to be legal advice. If you are looking for Legal counsel, please call our firm today!