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Is a student loan a full Full Recourse debt? My understanding with the bankruptcy process here in Australia is even though you may declare bankruptcy it is still up the proceeding Judge to make the determination based on your circumstance and sometimes can deny the claim for bankruptcy but require the creditor to re-adjust the term of the mortgage either via change in the debit amount or the repayment schedule.



I imagine this kind of thing varies between countries. It appears the standard in the US is that if repaying the debt would be an "undue hardship" then a judge may discharge it in bankruptcy. You can also file a different kind of bankruptcy that can change your repayment terms, though I think mostly the schedule rather than the actual amounts.

This is all from ~5 minutes of research though, so take with salt as appropriate.

http://www.studentloanborrowerassistance.org/bankruptcy/




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