Educational loans are generally not discharged by a Chapter 7 bankruptcy. They may be dischargeable,
however, if the court finds that paying off the loan will impose an “undue hardship” on the debtor and his or her dependents.
To prove undue hardship, you must show two things:
That your circumstances would make it hard to: pay the required amount; or. support the child on the amount of support you receive.
That your household’s standard of living is lower than the other parent’s household’s standard of living.
In Chapter 13 bankruptcy, student loans are treated as nonpriority unsecured debts just like credit cards
and medical bills. This means that you are not required to pay them off in full through your Chapter 13 repayment plan.
However, once your Chapter 13 bankruptcy is over, you must continue to pay your student loans.