02 Feb Student Loans, Bankruptcy, and Social Security Disability
A person receiving Social Security disability benefits should be able to discharge a student loan, right? Even if there is that special exception to the regular discharge for student loans, the one which says a student loan is discharged only if it imposes an undue hardship on a bankrupt or a dependent, one cannot repay a student loan if SSD is the only income. Well, maybe.
Some courts require “exhaustion of administrative remedies,” meaning that the bankrupt person must first go through all the opportunities for relief provided for in the student loan programs, before considering whether an undue hardship exists. The thinking is that the hardship is not undue if the bankrupt didn’t try her best to avoid it, and that includes looking into the student loan relief programs.
One student loan opportunity is an administrative discharge, where the loan program discharges the loans if the borrower is Permanently and Totally Disabled.
Here’s the problem. The form requires that you have a physician certify that you are able to work (“engage in substantial gainful activity”) before ever going back to school and getting a new student loan. But a requirement of Social Security disability benefits is that you are NOT able to engage in substantial gainful activity. Get it? You must give up your Social Security benefits to go back to school if you exercise this administrative discharge of your existing student loans.
Now is the time you are glad you chose a competent bankruptcy attorney who will guide you through this and all the other issues with obtaining relief from your debts.
Latest posts by L. Jed Berliner, Western & Central Massachusetts Consumer Lawyer (see all)
- Attorney-Client Privilege, Work Product, in Bankruptcy - July 27, 2013
- Massachusetts Homesteads Cannot Be Attached - May 27, 2013
- Trustee Sells Home If Defective Mortgage - March 27, 2013
- Unlisted Debts Are Not Discharged in First Circuit - February 27, 2013
- Helpful Bankruptcy Videos - January 27, 2013