QUESTION
I am an adult who has recently been diagnosed with Asperger''s Syndrome. Is it possible to discharge my student loans in bankruptcy?
Asked on Jun 22nd, 2012 on Bankruptcy - Indiana
More details to this question:
I am an adult who has recently been diagnosed with Asperger''s Syndrome. I graduated with a Associate degree in Computer Science in 2008 and I have $40,000 or more in private & federal student loan debt. I have defaulted on the private loans because the bank refused to work with me even after making attempts to pay but my federal loans are currently in deferment. I also have quite a bit of credit card debt that I racked up during college that have all been written off. I have been able to hold a job with a department store for 4 years but I believe it would be a struggle to repay the loans on my wages. I have difficulty with job interviews because of my social awkwardness and have been turned down many times for jobs. My question is, is it possible to discharge all of my student loans in bankruptcy with my recent Asperger''s Syndrome diagnosis and would I need to seek out a specific lawyer to do this?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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In order to discharge student loans in bankruptcy under the current laws, you must prove "undue hardship". What that entails depends on how the courts in your jurisdiction define that term. For information on how it is handled in a majority of areas, including California, visit http://www.bklaw.com/chapter7/student_loans.html.
While it is very difficult to prove the necessary elements for student loan undue hardship discharge, it is not impossible and while I have no idea what Asperger's Syndrome's symptoms are, if it affects your ability to earn money and is a more or less permanent affliction, it can certainly help with the evidence you will need.
You need to consult with a bankruptcy attorney in your area for a more thorough analysis of your options.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Jun 22nd, 2012 at 6:15 PM