Can AES loans be charged off in bankruptcy?
I have borrowed a significant amount of student loans from AES. I had a cosigner who passed away 2 years ago. Now the loans have come due and for various reasons I have not graduated college yet. I am considering bankruptcy (I have other past debts I’d like to resolve) and the main reason is to eliminate these AES loans. I know they are private, not federal, and so I assumed they could be discharged in bankruptcy court but a friend said they could not.
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June 19th, 2009 at 5:34 pm
Student loans cannot be discharged except under rare circumstances. Discharging student loans in bankruptcy is very difficult to do. Provisions for discharging student loans in bankruptcy were changed in 1998. The bankruptcy court has to rule that repayment would cause undue hardship for you or your dependents. You may be able to rehabilitate your loans. Under this program you work with your loan servicer to set up a monthly payment plan. After successfully completing 12 monthly payments, the loan is sold to another loan servicer. You then have nine years to pay off the loan balance. It’s a fresh start, but you’’re not stopping interest from accruing and your payments over the nine years could be much higher then they were during the 12-month rehabilitation period.