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Is there a way to get a 23 year old student loan forgiven due to a medical disability?
Anonymous1 views2 answers
I have a $43,000 student loan that was basically paid off except it got bought and sold then due to medical issues I had to keep forbearing or deferring it. I am a single parent on a small disability income (fibromyalgia, bipolar and dilusional disorder) and have no money to pay on this. It was held during my Chp 13 (medical reasons) though it was sold to another entity during the bankruptcy and now I have to start making payments again. The money owed is now just interest and penalties. I am desperate to get this debt forgiven since I am raising two children on this disability income. I would greatly appreciate some advice. Thank you.
First, you should know that there is a student loan forgiveness program that does not require you to go through the courts to obtain forgiveness of a studen loan. Information about forgivness of student loans due to disability issues and the form that must be completed to obtain student loan forgiveness for a disability are available at http://ifap.ed.gov/disabilitydischarge/main.html.
If you do not qualify for forgiveness of the student loans through the program identified above, you would have to reopen your bankruptcy case for the purpose of filing a lawsuit (called and "adversary proceeding") to get a determination from the bankruptcy court that you are entitled to discharge of the student loan. Forgiveness of student loans in bankruptcy is goverened by 11 USC § 523(a)(8), which requires that you prove to the court that being required to repay the student loan would impose an "undue hardship" upon you. You should know that the standard for proving undo hardship is very high and essentially requires that you prove that you suffer from a medical condition (or conditions) that make your obtaining employment impossible for an indefinite period of time, which is very similar to the standard used by the federal student loan forgiveness program, but is slightly lower.
Start with the federal student loan forgiveness program and if you cannot obtain forgiveness of the loan(s) through that program, consider reopening your bankruptcy case and pursuing discharge of the student loan through the bankruptcy court.
The question I need to ask is what kind of loan is this, federal or private? If federal, follow the advice given in the previous answer. However, I don't see how this is a federal loan if it was "bought and sold". Federal loans eventually get back to the Dept. of Ed. once defaulted.
If this is a private loan, it might have been dischargable, depending on when you filed your bankruptcy. Pre-2005 should have been discharged, post October 2005 you would need to re-open the bankruptcy and as stated in the previous answer, have the court rule as to whether you qualify for discharge. Also, if this is a private loan, it sounds as if there is nothing they can do to enforce the debt. Private loan lenders have to sue you and win a judgment before they can enforce remedies. Also, disability income is exempt from collection for a private loans. Check with a local attorney as to what could happen if you are sued for a private loan.