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I have narcolepsy which is a disability with no cure. Is this a disability that can enable me to have my student loans discharge

Charlotte, NC |

It is a sleeping disorder that affects my daily living and affects the kind of income that I can earn, because it limits the things that I can do.

Attorney Answers 3

Posted

If it prevents you from being employable, you may be eligible to obtain a discharge of your student loan debt in bankruptcy. How your case is presented will be crucial to the decision of the judge that hears this matter. Hope this perspective helps!

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Posted

I believe you would have to be totally and permanently disabled in order to get the loans discharged without filing for bankruptcy. Narcolepsy may not be enough. You should consult with a disability attorney and a bankruptcy attorney.

This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice. I offer a free consultation by phone or e-mail.

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Diane L Gruber

Diane L Gruber

Posted

You need to meet with a BK attorney who specializes in student loan hardship cases.

Posted

Financial hardship, the determination a bankruptcy judge must evaluate in order to allow discharge of federal student loans depends on far more than a diagnosis. One important set of facts surrounds how the disability affects ability to work, but even that is only part of the entire picture of your finances.

Outside of bankruptcy there is a debt forgiveness provision for federal loans that should be attempted first. Of course, the strong support of the treating physician is essential.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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