Getting rid of federal student loans in a chapter 7 filing is not an easy process. First, it requires expensive bankruptcy litigation so get your wallet out. But wait a minute- you probably don't have any extra money.
Second, you will sue the United States Government who will defend the action. An Assistant U.S. Attorney General will show up in court likely on behalf of the U.S. Dept. of Education. So do not think you will get a default judgment. Your case will be time consuming for you and your attorney.
Now, per the statute, you have to prove to the court it would be an undo hardship to repay your loan back. There are judicial opinions on the issue which establishes hurdles of standards that you must meet. Occasionally, debtors can get a partial discharge or discharge if you carry your burden of proof.
For more information, visit www.getreallylegal.com
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