For those who wonder does bankruptcy clear student loans, the answer is complicated.

Certain specific kinds of private student loans might be discharged in a bankruptcy as part of the process of eliminating qualified debt.

Sometimes, debtors may not realize the private student loans have been discharged. If you have been through a bankruptcy, but debt collectors have sought payments on old student loans, you do have legal rights.

A lender or debt collector that continues to try to collect payment on a private student loan debt that was discharged in bankruptcy could be violating the Fair Debt Collection Practices Act (FDCPA). Such a lender or debt collector also could be violating a bankruptcy discharge order.

If you have been a victim of attempts to collect after filling bankruptcy, it’s possible you could have valid claims against the debt collector for damages you have suffered and punitive damages because of their willful violations of the bankruptcy discharge order.

Private student loans are not federal loans. One major difference between private and federal student loans is the federal student loan payment amounts can be set using an income-driven repayment plan (IDR). This means the monthly loan payment amount is based on your ability to pay.

Private student loans are issued by banks, credit unions, schools, online lenders and even some states. Private student loans tend not to be as forgiving to real life circumstances, making some of them easier to discharge in bankruptcy court.

Does Bankruptcy Clear Student Loans?

Even a federal student loan could have been discharged if you were able to prove the payments were an “undue hardship.” This is a difficult standard to satisfy, however, and few bankruptcy petitioners are able to meet it.

Types of federal student loans are direct loans, Perkins loans, and a loan that was previously offered, known as the Federal Family Education Fund Program.

How does bankruptcy clear student loans? If you were able to show the bankruptcy court that you were unable to pay your rent, food, medical care, and transportation in addition to student loan payments, the court may discharge your federal student loan. Obtaining a discharge on a federal student loan is much harder to do, but it can be done.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that Congress passed makes it harder to discharge student loans in a bankruptcy filing. Still, even bankruptcies filed since the Act was passed could have included your private student loan as part of the discharged debts.

If you have filed bankruptcy since 2005, but still owe private student loan debts, you could be eligible for relief from such debts.

So, does bankruptcy clear student loans? It can. If you had a bankruptcy that cleared your students, but debtors or lenders are still trying to collect money from you, you could be eligible for compensation.

If you still are unsure of the answer to the question does bankruptcy clear student loans, you can speak with a lawyer to find out what your options are.

DISCLAIMER: Debt collection itself is not illegal. However, creditors and debt collection firms collecting on consumer debts must adhere to the FDCPA and respect bankruptcy discharge injunctions. Even though consumer debt attorneys are investigating these companies, their debt collection practices may be legal.