A chapter 7 bankruptcy will discharge unsecured debts. I assume the the private loans and federal loans you reference are student loans. Student loans are exceptionally difficult to receive a discharge on, unless there are extreme circumstances. Inability to afford student loans likely will not qualify as a hardship in order to receive the discharge on the student loans. The hardship exception is typically used for individuals experiencing debilitating injuries or mental defects preventing them from obtaining work. Credit card debt, however, is unsecured debt and likely will receive a discharge.
You should consult a local bankruptcy attorney to determine if the hardship exception is available to you. Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and to determine if bankruptcy is appropriate.
This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Oct 12th, 2012 at 3:47 PM