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If I discharge my current student loan due to my disability can I still obtain a student loan in the future?

Flushing, NY |

I am disabled and on SSI. I am eligable for a discharge of my current outstanding student loan due to my disability. I may want to continue my education so I can get a good paying job. I am now in doctor's care and waiting for 2 or maybe 3 operations to see if I can even work. Discharging the loan would help me greatly right now. If the operations are all a success, I will be able to work again and I would continue my education to upgrade my pay scale. I need to know if I still will be eligable for a student loan if I discharge this one now.

Attorney Answers 3


Be careful, the disability discharge is available to those with a "permanent" and "total" disability. If you can be fixed, you may have a problem.

How you find out is to determine what status you are have with SSDI. If your case will be reviewed in less than 5 years, then you won't qualify for the admin disability discharge with the Dept. of Ed. And note, that program doesn't go into effect and until July 2013. Also, even if you at first receive the admin disability discharge, if you start earning money again over a certain amount, the discharge can be revoked.

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The odds of discharging student loans in bankruptcy is currently or nearly impossible unless you are totally disabled and have no prospect of improvement. The case law is very harsh and rarely a debtor will win this adversary. If you have prospect of improving your income and want to go back to school then you are not going to win this adversary in my opinion. You should seek forebearance or deferment of the student loans right now if you cannot afford to pay them. Look up In re Brunner it gives the test, but it is much harder to win this argument than you think or what the internet tells you can accomplish when it comes to student loans and discharging them in bankruptcy.

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If you have a Disability finding from Social Security you "MAY" be elegible to have loan discarged without you having to file bankruptcy. It depends on many factors. Also, if you receive this type of discarge you will be required to file compliance paperwork or your loans may spring back to life per Dept of Ed regulations. You would be best advised to discuss this with a student loan lawyer.

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