Discharging graduate school private loan debt

I have a stress-related autoimmune disease (Lupus) that prevents me from profitably participating in my career field. The Lupus mainly affects my joints, limiting any repetitive movements (i.e. typing, writing, talking, sitting, standing). I can work part-time but the arthritis is unpredictable and worsened by stress. Therefore, I have been working as an independent contractor but I have only made $3500 all year. I have over $70,000 in Private graduate school student loans. I was not diagnosed with Lupus until 2 years after graduation. The Private lender has defaulted my loan. There is not a judgment against me yet. I also have $22,000 in unsecured credit card debt. Some of my credit card companies have agreed to settle for 25% of the balance. I have not paid anyone yet. The remaining credit cards that have not agreed to settle has a total debt of $8600. Originally, I thought settling would be better than bankruptcy because student loans are not generally dischargable in bankruptcy and the credit card debt is only $22,000. Is there any chance that the Private student loan debt would be discharged in bankruptcy? - Is this your question? Add additional information

Answers (1)

David Leibowitz

David Leibowitz

Contributor Level 4
Most courts consider "substantial hardship" to be even a greater hardship than you suffer. You have been able to work and therefor, you are not likely to be deemed by most courts to be suffering "substantial hardship" which usually requires you to be unable to be gainfully employed in any capacity

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