The amount of student loan debt now exceeds outstanding credit card debt in the United States. This is not surprising because acquiring a higher education is perceived to be necessary to landing a job in a competitive environment. Further, it is easier to borrow for a student loan than it is to borrow for other purposes, since unlike other types of loans, neither a job nor a co-signer may be needed. Moreover, the government often guarantees repayment of student loans, and it is not easy to obtain a hardship discharge of student loans in bankruptcy.
Even so, it is not strictly true that you can never do anything about student loans in bankruptcy. For example, you can certainly pay, or partially pay, a student loan in Chapter 13 under the protection of the Bankruptcy Court. However, any unpaid portion will not be discharged in the Chapter 13. Otherwise, the Bankruptcy Code provides for the possibility of wiping these debts out without payment only by obtaining a “hardship discharge”.
A hardship discharge is available only under extremely limited circumstances. Thus, you should not expect to file for a hardship discharge casually. A responsible lawyer would only recommend that route in circumstances where you have a reasonable chance for success. Furthermore, you should expect it to be expensive litigation, and for it to involve substantial time and effort on your part to comply with discovery demands and other trial preparation.