How to discharge student loans in bankruptcy?

When you’re trying to discharge a student loan in bankruptcy, you need to know which student loans are dischargeable.  There’s a difference between a federal student loan, federal student loan serviced by a private student loan, and a private student loan?

A federal student loan is issued by the federal government and serviced by the federal government.  They have a lower interest rate and the federal government usually can forgive the balance of the loan if you are not able to make the payments. 

Now the federal student loans that are serviced by private lenders have been recalled by the federal government because the private servicer were not being flexible with the borrower with their payment plans.  Which also cause the borrower to default as well as taint the borrower credit.

The third type of student loan is from private lenders, such as Sallie Mae, Citibank, Wells Fargo, bank of America, and Navient, which is a subsidiary of Sallie Mae.  When these private lenders issue student loans they do not have the federal government protection, so those loans are treated like a regular personal loan.  Which also means that these lenders make up their own rules when issuing loan and collecting on them.  They can increase the interest rates, if you miss a payment, they’ll send you collections, file the insurance claim get your student loan paid off and then force you to may them too.

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