The Condition of Undue Hardship
Many people are in debt due to the student loans they took out in order to pay for their college education. With many possible solutions to remove the debt once and for all, however the most favored is bankruptcy. But being students, claiming bankruptcy is defiantly a problem because the legal terms and conditions of the student loan clearly states that the loan is non dischargeable. Due to this very reason, the loan repayment causes the borrower undue hardship. This hardship only occurs at time when the person is facing a high degree of financial problems that he or she will not be able to satisfy his or her basic needs once the loan is repaid. In order to claim bankruptcy, the borrower needs to affirm that he or she is facing undue hardship; however hard it may be.
History of Undue Hardship Clause
In the past, students were able to get rid of their student loans. However, lenders criticized the system, which lead to changes in the rules and regulations of the student loan contract. Now it is harder for students to get their loans discharges. Even thought this may seem unfair, the system was criticized because students took advantage of the system as they declared bankruptcy immediately after completing their students before they even got a job. This is why the rules and regulations of the contract had to be changed, as the lenders were losing out.
What the Clause Says About Student Loan Discharge
After the change in rules and regulations of private loans, the government felt it was necessary to apply this clause to government loans as well. This made student loan discharge even more impossible. However, in order to get a student loan discharge, you will need to prove to the government that your living of standard is not high and that you have tries every possible means of paying back the loan. Only then will your loan be pardoned.
The Sign of the Co-Signer
Even when you have met all the terms and conditions in the clause, you will need a co-signer. The co-signer is the person who signed the contract with you when you took out the loan in the first place. That specific co-signer will not be able to take into account his hardship exclusion.
What to Keep In Mind
When you decide to claim bankruptcy, you need to make sure that you have thought about it very clearly. You should only file for bankruptcy if it is necessary and there are no other options available to you. Make sure that when you are going to claim bankruptcy that it will pardon your student loan, otherwise declaring you are bankrupt will do you no good.
If you are in debt and you need to pay your student and other loans but are unable due to a low income job, you will need to visit the court. By visiting the court, you will be able to find ways to declare hardship and have a new start to your life debt free.