For those who are looking for ways in which to have a Student Loan Discharge become effective, there are a few ways for this to happen. There are a few different circumstances in which the loan will be discharged, including: death, or if the individual becomes totally or permanently disabled (after the loan is disbursed). There are also a few other loan types which may be discharged for particular reasons, including: if the university attended did not properly certify ability to benefit from any training received, if the school attended close (while in attendance or 90 days after), in some cases bankruptcy, and certain Student Loan Discharge will occur if you are a full time teacher or in the military armed services. So, although the instances are few, there are certain cases where your debts on students loans will be discharged.
Death -
If the individual borrower dies, the obligation to repay will result in a discharge. This means family, or other relatives or co signers, will not be required to pay the loan. In order for the Student Loan Discharge to take effect, proper documentation of certified death certificates must be provided to the lending institutions, as well as the US Department of Education, in order to verify the death.
Disabilities (permanent or total) -
In order for these Student Loan Discharge options to kick in, the individual must be totally and permanently disabled, and meet a three year period of conditional discharge (by a licensed doctor or physician), in order for it to be effective. Veterans will be considered disabled if they provide documentation from their serving offices, to show that they were unemployable, after having served in that branch, due to a particular injury which was connected to serving in the branch of the military they served in. If the veterans provide this information, the three year conditional period for the Student Loan Discharge will be waived by the US Department of Education.
False Certification -
If the loan was falsely entered, under your name, and certified by an eligible university, the Student Loan Discharge will kick in. If your name was signed and certified falsely, used without your permission, used under duress or fraud (mental incapacity, physical incapacity, upon death, etc), or if you have been a victim of identity theft, proof of any of these cases, will result in the Student Loan Discharge which is sought by the individual. This is generally the case when online applicaitons are filed, and identity theft is typically the most common. The discharge will be granted, and the US Department of Education will inform all credit bureaus of the identity theft, in order to ensure no adverse affects on your credit history or record.
School closure -
The Student Loan Discharge will also be granted to those who attend a school which closes while you attend, meaning you are not able to earn the training you sought by taking the loan out initially. Additionally, if you are on leave, or withdrew from the school (90 days or less, prior to its closing), you are also eligible for the Student Loan Discharge from that school. If any programs have been completed, if you received any training or employment after completion, or if you benefited from training and earned a degree, you are not eligible for this discharge. Once the Student Loan Discharge kicks in, you are not required to make any further payments on it, and the entire remaining balance will be wiped off from your credit report.
Military or Full Time Teachers -
For those who teach full time, there is a Student Loan Discharge of $17,500 and up to an additional $5,000 if you teach in specific areas. This teaching must be for a minimum of five years, and it has to be done in low income schools (must meet certain criteria). Those who serve in military armed forces are also eligible for a Student Loan Discharge. This may be in the form of partial cancellation of the loan, after being in service for a period of at least one year, and working in an area of hostile or dangerous conditions. The entire loan will not be forgiven, but there are certain amounts which may be discharged and written off by the lending offices.
Bankruptcy -
This is no longer a method of getting a Student Loan Discharge, unless certain criteria are met and shown by those who do file. If one can prove the debt was caused due to an undue hardship, the loan may be discharged under filing for bankruptcy. It is only in rare circumstances, and is not even granted to all who can prove the undue hardship burden. The amount in question, the dates the loans were borrowed, how much has been repayed, what other debts (which are federal government debts) have been absolved or discharged, will all be considered in determining whether or not the Student Loan Discharge will be granted to those who file for bankruptcy. Additionally, the individual who filed bankruptcy will have to show documentation from meetings with creditors, a list of creditors, discharge orders, and any other documentations required from federal as well as private lenders, in order for them to be approved for the Student Loan Discharge under bankruptcy proceedings.
Although they are limited in areas which can be discharged, there are certain individuals who will receive a Student Loan Discharge, based upon several factors and considerations. And, even if they are discharged of the debt, there are several documents they must show, paper work which must be submitted, documentation, and records which must be turned in, prior to the discharge taking effect.
So, if you feel that you are a candidate for a Student Loan Discharge, based on one of these characteristics or criteria, the first step is to contact the US Department of Education, in order to find files and forms which must be submitted, in order to receive the Student Loan Discharge. These factors are all considered, and applicants must file immediately, in order for the discharge to even be considered.
