Tax Debt & Student Loans

Tax Debt & Student loans are treated differently than other types of debt such as credit card debt and medical debt.

IRS tax debt is dischargeable if it is at least three years past due and meets certain other requirements.

Student Loan debt is very difficult to discharge. Student loan debt includes any loans issued by or insured by the government or a non profit institution or by a private commercial lender if the loans are qualified education loans.

The only way to discharge student loan debt is to establish “undue hardship.” This is difficult to accomplish and must be done by filing a separate action in the Bankruptcy Court and obtaining a court ruling in your favor following an evidentiary hearing/trial.

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