Can I get a discharge and/or a refund on federal or private student loan debtdue toa disability?

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Can I get a discharge and/or a refund on federal or private student loan debtdue toa disability?

 I have been diagnosed as schizophrenic and bipolar.

Asked on August 12, 2011 New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ever since the late 1990's, student loan debt (federal or private) cannot be discharged in bankruptcy at all. There are very limited circumstances wherein this type of debt could be (not would be) discharged. In bankruptcy, undue hardship would have to be shown. Other situations include if your school closed before you received the benefit of the loan. For your purposes, a medical reason would be permanently and totally disabled. If you cannot work period and the diagnosis is fully and permanent disability, then you may have an arguable claim. However, I am unsure if schizophrenia and bipolar disorder would be classified as disorders that could be considered for permanent total disability.


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