In 2005, Congress, along with President Bush, changed the bankruptcy laws that made discharging certain debts harder to do for many Americans. While seemingly innocuous eight years ago, the one area that has grown the fastest in the arena of consumer debt is the one area that is exempt from discharge under a bankruptcy.
Student Loans.
In Jan. of 2013, student loand became the largest consumer debt held by the American people, even surpassing that of credit card debt. And with President Obama passing legislation to have the Federal government control over 85% of student loans, the government now holds the Damaclese sword over tens of millions of Americans who are burdened with up to six figure debt, with little opportunity to pay them off.
But there is hope, and by this, certain loopholes by which one can discharge their student loan debts in a bankruptcy. It does not cost much, except the fact that it entails a person selling their soul to the government machine, and placing their future entirely in the hands of 'big daddy'.
According to the law, the judge has the discretion to dissolve any debts or judgements when there is sufficient cause to call for an 'adversary proceeding'. In this proceeding, a judge may determine there are adequate reasons to have debts absolved, even under the laws pertaining to bankruptcy.
But in doing so, the individual must prove that they have mitigating circumstances which make it impossible for them to pay off these debts. One primary reason to seek an adversary proceeding is mental illness.
Under the hopelessness criteria, one can demand a proceeding is they can determine that they have a serious mental or physical disability, for the debtor or the debtor's dependents.
What this means of course, is that you will officialy be rules mentally or physically ill, and place yourself in the database which now limits other rights and liberties one would have without government determination. ie.... you would not be allowed to own a gun, and the government at their discretion, can force you onto medical procedures or prescription drugs against your will and desire.
Of course, there are 11 other alternatives to seeking recourse to have student loan debts discharged under special circumstances in a bankruptcy, and below are a list of options one can use to call for an adversary proceeding.