Thursday, June 18th, 2009

Can AES loans be charged off in bankruptcy?

AES Student Loan
jesterqueen46 asked:


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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3 Responses to “Can AES loans be charged off in bankruptcy?”

Pauly Says:

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.

NotAnyoneYouKnow Says:

Your friend is correct. Changes to bankruptcy laws made in 2005 have made even private loans undischargeable in bankruptcy.

The VERY rare exception is if the bankruptcy court were to find that paying off the loans would cause “undue hardship”. This is a legal standard that is near impossible to satisfy. You would need to demonstrate, among other things, that your current inability to pay is likely to continue for the foreseeable future. We’re talking things like full and permanent disability here.

(The standard IS sometimes satisfied, and I’d be glad to furnish references, so take the posters who will tell you that this NEVER happens with a grain of salt – however, just make sure that you understand that a claim that basically amounts to “I was foolish and I borrowed too much and I can’t find a job and there’s no way I’m ever going to be able to repay these loans and buy a house and drive a decent car and live a normal life” is not going to succeed in bankruptcy court – ever.)

So, basically, for all extents and purposes the answer is NO, you cannot discharge student loan debt, government or private, in bankruptcy proceedings. Sorry.

Jennifer Says:

Hi,
I used “Credit Solution” to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It’s legitimate. I came across this company on NBC News Special Edition.Check it out here:

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