Student Loans + Bankruptcy

In the current bankruptcy landscape, it is nearly impossible to discharge student loan debt. But is that always going to be the case? Are we always going to be burdened with the massive student loan debt that currently exists?

My opinion is that student loans will be DISCHARGEABLE (aka eliminated) – in whole, or in part – via the bankruptcy code within 10 years. When our nation faces an epidemic of this magnitude, something usually changes; soon, a politician will run their campaign on the promise of discharging student loans. It is inevitable. There are millions and millions of people in the United States that are afflicted with crippling amounts of student loan debt; a politician would be dumb if they didn’t run a campaign to appease this huge contingency! And when that politician runs on that promise, and gets elected with the backing of all the voters with student loan debt, then we must hope the politician keeps the promise and finds a way to get rid of student loans through the bankruptcy code.

Now, how comprehensive will the change be? That is a great question. The change might allow student loans to be fully dischargeable, even in a Chapter 7 Bankruptcy, just like medical, credit cards, loan debts, etc. This would be the most beneficial change for the masses. Or, the change could make the student loans dischargeable, but only if the Debtor is able to pay back a certain percentage of their debt over a 5 year period in a Chapter 13 Bankruptcy.

In reality, I do not know how student loans will become dischargeable in bankruptcy, but my best guess is that it will be dramatic, and it will be within the next decade. Let’s hope!

For any questions about the existing bankruptcy laws, please call or text 740-815-1114.

-Lucas Ruffing
Bankruptcy Attorney
740-815-1114
LucasRuffingLaw@gmail.com