it depends on whether they meet the legal definition of a Qualified Education Loan. If they do not qualify, they can be treated like ordinary consumer debt and discharged without proving undue hardship.
Qualified private loans follow the same legal hardship standards as federal loans, but their repayment structure differs in ways that shape how courts view a borrower’s financial situation.
Key differences include:
No income-based repayment. Private lenders do not offer income-driven plans, so payments are based on the contract rather than the borrower’s income.
No statutory forgiveness programs. Unlike federal loans, private loans do not have program-based discharge or long-term forgiveness pathways.
Balance acceleration in default. When a private loan defaults, the full balance becomes immediately due under the contract.
State-level collection tools. Private lenders rely on lawsuits, judgments, wage garnishment, and bank levies, which can continue for many years.
https://www.tateesq.com/learn/student-loan-bankruptcy-private-discharge
Ah, interesting...thanks!