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If your bills are piling up, you might be considering bankruptcy. But can you declare bankruptcy on student loans? While it has been technically possible for bankruptcy to clear student loans, it was difficult and rare. But in 2022 the Biden administration created a streamlined process for borrowers with “undue hardship” which allows debtors to navigate the bankruptcy application system easier than previous years.Read on to learn about the key requirements to have student loans released in bankruptcy.

What Is Student Loan Bankruptcy?

There is no targeted “student loan bankruptcy” process, but borrowers sometimes use the term when referring to being released from student loans after filing for bankruptcy. Although it’s possible to be absolved of student loan debt this way, the process has been complex and bankruptcy has serious consequences for your financial future.

If you’re still considering student loan bankruptcy, read on to find out when you can and can’t discharge student loans through bankruptcy, different types of bankruptcy, and the requirements needed to prove “undue hardship.”

Don’t miss our comprehensive Student Loan Forgiveness Guide.

When Can Student Loans Be Discharged Through Bankruptcy?

In bankruptcy, “discharge” is the legal term for clearing or releasing your debts. Student loan discharge requires that the debtor prove to the court that they will suffer from “undue hardship” if forced to repay. Until now, the burden of proof was typically greater for federal student loans than private loans.

The specific qualifications of undue hardship vary by state, but may include:

•   You have become physically or mentally disabled.

•   You have dependents that you support.

•   You have a disabled dependent — such as a spouse or child — who requires 24-hour care.

•   You are under- or unemployed, and can show a “foreclosure of job prospects” in your industry.

•   You have made a good-faith effort to repay your loans over time.

•   You have previously attempted to address your student loans through deferment or other protections.

•   Your disposable income is not used for nonessential purchases, such as restaurant meals, brand-name clothes, and vacations.

•   Your situation is unlikely to improve in the future.

When Can’t Student Loans Be Discharged Through Bankruptcy?

Historically, it has been extremely difficult to get out of federal student loans through bankruptcy. If that kind of legal loophole existed, the argument went, there would be nothing to stop people from completing college or grad school and then immediately declaring bankruptcy.

However, it will be nigh impossible when:

•   The debtor cannot prove any undue hardship from the above list.

•   The individual’s only debt is student loans. (In fact, you won’t even be allowed to file for bankruptcy.)

•   Someone is a recent grad. Not enough time may have elapsed to prove a history of hardship and a good-faith effort to repay loans.


💡 Quick Tip: Enjoy no hidden fees and special member benefits when you refinance student loans with SoFi.

Changes to the Student Loan Bankruptcy Process

In November 2022, the Department of Justice announced changes to the way student loans are handled in bankruptcy court. Currently, the Department of Education is directed to oppose all attempts to discharge student loan debt, even appealing cases where the court decided in favor of the student loan holder.

Under the new process, debtors will complete a 15-page attestation form confirming that they meet the definition of undue hardship. The bankruptcy judge, under guidance from the Justice Department and Department of Education, will assess the request and make a decision to fully or partially discharge the debt.

Recommendations will be guided by a new set of clearer, fairer, and more practical standards for “undue hardship”:

•   Present ability to pay. Meaning the debtor’s expenses equal or exceed their income.

•   Future ability to pay. Based on retirement age, disability or chronic injury, protracted unemployment, or similar facts.

•   Good faith efforts. Referring to the debtor’s reasonable efforts to earn income, manage expenses, and repay their loan.

Debtors will no longer be disqualified based on not enrolling in income-driven repayment.

Understanding Bankruptcy

Bankruptcy is a way of clearing your debts through the court system. Before granting bankruptcy, the court will sort through an individual’s assets and determine which debts to forgive. Some debts are more difficult to discharge than others, such as taxes, alimony, child support, criminal fines — and student loans.

People looking to discharge student loans are required to file either Chapter 7 or Chapter 13 bankruptcy before taking additional steps. If you file for bankruptcy but lose your student loan case, the rest of the bankruptcy will stand — you can’t undo it.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, sometimes referred to as liquidation bankruptcy, is generally filed as a last resort. In this process, assets of the person filing for bankruptcy are “liquidated,” or sold, by the bankruptcy trustee. Some property is exempt — such as a primary residence and vehicle — but everything else will be unloaded. Generally, people who consider Chapter 7 are those with minimal assets and a lower income.

Recommended: Chapter 7 vs Chapter 13 Bankruptcy: Which Is Best for Loans?

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is sometimes referred to as a “wage earner’s plan.” In this case, people filing bankruptcy can create a repayment plan to pay off their debts. Depending on someone’s financial situation, repayment may take place over three or five years.

Chapter 13 bankruptcy is more suited to individuals with valuable assets or who are earning considerable income. In order to file Chapter 13, total secured and unsecured debts must be $2,750,000 or less.

See the table for the main differences between Chapter 7 and Chapter 13 at a glance.

	Chapter 7	Chapter 13
Timeframe	Several months	3 to 5 years
Cost	Court filing fees, lawyer fees, plus assets given up	Court filing fees, lawyer fees, plus assets given up
Income requirement	Must be below the state median (the national median is about $71K)	Must have enough disposable income to pay down debts over 5 years
Credit consequences	Negative impact on credit report for 10 years	Negative impact on credit report for 7 years after discharge
Benefits	The court wipes select debts. Collections stopped.	Upon completion of payment plan, remaining balance may be discharged. Foreclosure and collections stopped.

Private Student Loans and Bankruptcy

In the few cases when a court approved the discharge of student loans, they were likely to be private student loans. Private loans do not have the same protections as federal loans in cases of financial hardship, and so borrowers were more inclined to file for bankruptcy. However, private student loans are still exempt from bankruptcy discharge (much like taxes and child support). A borrower must file a kind of sub-lawsuit to have their student loan documents reviewed by the court.

If you have private student loans, you may be interested in this look at private student loan forgiveness options.

Federal Student Loans and Bankruptcy

Up to now, federal student loans were especially hard to discharge through bankruptcy. Even if you made it that far (and a good student loan attorney would discourage you), the burden of proof was greater for federal student loans than private loans. The new process described above should remedy this situation by helping “ensure transparent and consistent expectations for the discharge of student loan debt in bankruptcy,” according to the Office of Public Affairs for the Department of Justice.

Federal student loans do come with built-in protections for struggling borrowers, like deferment, forbearance, and income-driven repayment plans. These options can provide relief to most borrowers experiencing temporary financial setbacks. See below for details on these programs.

You might also be interested in this deep dive into the differences between federal vs. private student loans.

Filing Bankruptcy on Student Loans

While bankruptcy can provide some relief to individuals who are overwhelmed by immense debts, doing so has serious consequences. Bankruptcy is generally a last resort and can have lasting impact on an individual’s credit score.

A low credit score can make it almost impossible to qualify for credit cards, a mortgage, or a car loan. It can also lower the chances of qualifying for a rental apartment and utilities.

To have a shot at a student loan bankruptcy discharge, an individual must first file for bankruptcy. They must then initiate a separate court filing, known as an “adversary proceeding.” This is essentially a request that the court find that repaying the student loans is an undue hardship to both the individual and their dependents.

Here is a brief overview of the process and its challenges:

Cost of Filing for Bankruptcy

The first step is to file for bankruptcy — likely Chapter 7. The cost of filing is fixed at $338, but the cost of an attorney varies depending on where you live, the attorney’s reputation and experience, and the complexity of your case.

The average cost of an attorney in Chapter 7 bankruptcy is $1,450. Because of the complexity and challenges of getting student loan debt discharged, it’s recommended that you retain a student loan attorney to help you through the process.

If you are filing Chapter 13, the filing fee is $313, and the average attorney fee is $3,000.

Adversary Proceedings

While your bankruptcy case is still open, you’ll need to file a separate but related complaint, which will begin an additional lawsuit known as an “adversary proceeding,” or AP. (Essentially, you’re suing your student loan lender or servicing company.) The court will review the complaint and the circumstances of your undue hardship and make a decision.

There is a $350 AP filing fee, which may be waived in bankruptcy cases.

Undue Hardship

The last step is to prove in your AP lawsuit that repaying your student loans have and will continue to cause undue hardship. While this may feel like an accurate assessment of your situation, proving undue hardship means meeting the specific standards described above.

In the event that the court finds in your favor, there are a few different things that can happen:

•   The loans might be fully discharged. This means that the borrower will not need to make any more loan payments. All activity from collections agencies will stop too.

•   The loans may be partially discharged. In this case, the borrower will still be required to repay the portion of the debt that is not discharged.

•   The loan terms may change. The borrower will still be required to repay the debt, but there will be new terms on the loan, such as a lower interest rate.

Alternatives to Declaring Bankruptcy

Fortunately, there are alternative options to declaring bankruptcy. To help you decide which path to take, you may want to consult with a credit counseling agency or a student loan attorney who can provide more personalized advice.

Note that some of the options below apply to either federal student loans or private student loans, but not both.

Student Loan Deferment and Forbearance

For short-term solutions for federal student loans, consider student loan deferment or forbearance. These options allow borrowers to temporarily pause their loan payments. Unlike declaring bankruptcy, federal student loans in deferment or forbearance generally don’t have a negative effect on your credit.

Additionally, while the debt ceiling bill officially ended the payment pause, requiring interest accrual to resume Sept. 1 and payments to resume Oct 1, borrowers can take advantage of a transitional on-ramp period. The latter will protect borrowers from having a delinquency reported to credit reporting agencies until Sept. 30, 2024.

Income-Driven Repayment Plans

Another option for federal student loans is switching to an income-driven repayment plan, which ties your monthly payments to your discretionary income. If your income is low enough to meet the thresholds for these plans, this could bring payments down significantly — even to $0 — though interest will still continue to accrue.

Special Circumstances

In some cases, someone may qualify for automatic or administrative discharge of your federal student loans. In this case, the borrower isn’t required to appear in bankruptcy court.

Some circumstances that might necessitate an administrative discharge include:

•   If the borrower is “totally and permanently disabled.”

•   Death of the borrower.

•   If the school closed while the borrower was enrolled or shortly thereafter.

•   If the borrower was the victim of identity theft, and the loans are not really theirs.

•   If the borrower withdrew and the school failed to properly reimburse their tuition.

•   If the borrower was misled by the school — about certification, job prospects, etc.

Negotiating With Your Lender

Private student loan lenders may offer temporary assistance programs that can help borrowers who are struggling to make payments on a short-term basis.

It may also be worth negotiating: You may want to contact the loan servicer or lender and ask for additional repayment options. In general, servicers or lenders would rather receive a smaller sum of money from you than nothing, so it’s typically in their best interest to work with you.

Is Refinancing an Option?

If you’re looking for a long-term solution, refinancing your student loans is worth looking into. Refinancing your student loans means transferring the debt to another lender, with new terms and new (ideally lower) interest rates.

Some borrowers may be able to qualify for a lower interest rate than the federal rate depending on their financial standing. But keep in mind that when federal student loans are refinanced, they lose eligibility for federal student loan borrower protections — like the deferment, forbearance, and income-driven repayment plans mentioned above.

If you’re looking to refinance, make sure you do your research and see if you can find competitive rates with a lender you trust.


💡 Quick Tip: Refinancing could be a great choice for working graduates who have higher-interest graduate PLUS loans, Direct Unsubsidized Loans, and/or private loans.

Starting the Bankruptcy Process

If you are struggling with your student loan payments, they may be the least of your problems next to high-interest credit card debt. Your first step is to consult a debt counselor or financial advisor, who can lay out all your options. If they agree that bankruptcy is your best, or only, path forward, it’s time to find a bankruptcy attorney who has experience with student loans.

The Takeaway

Until the new process that was announced by the Department of Justice in mid-November 2022, the process of seeking federal student loan discharge in bankruptcy was extremely challenging, and success was unlikely. Borrowers generally needed to prove that continuing to repay the loan would place an undue hardship on them and their dependents. But the bar for “undue hardship” was not clearly defined and as a result, hard to prove.

Now Department of Justice lawyers will assist debtors by doing an undue-hardship analysis using three factors — present ability to pay, future ability to pay, and good faith efforts. They will then send their recommendation to the bankruptcy judge, who has the final say. The aim is to help debtors who may not know that they meet the criteria for discharge.

Aside from bankruptcy, federal student loan borrowers who are struggling with their monthly payments (or expect to struggle once the Covid-related payment pause ends) may want to consider deferment, forbearance, or an income-driven repayment plan. The Biden administration has proposed many changes to help borrowers, including forgiveness of up to $20K for qualifying borrowers and a new repayment plan that limits debt payments to 5% of discretionary income.

In some cases, however, refinancing may make sense. Getting a lower interest rate and/or extending the term of your loan can lower your monthly payments, though a longer loan term can mean paying more in interest over the life of the loan. Also, when you refinance federal loans, you lose access to federal protections and benefits.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.

FAQ

Can you declare bankruptcy on student loans?

Historically, it was only in rare circumstances that someone could have their federal student loans discharged in bankruptcy. But in mid-November 2022, the Department ofJustice announced a new process where, at the outset of bankruptcy proceedings, it will identify appropriate cases and support discharge. The aim is to help people who meet the requirements for discharge but did not know it.

What happens if you file for bankruptcy on student loans?

Once the new process is in place, you will be able to fill out an attestation form that the Department of Justice will use to determine if it will recommend that your debt or part of your debt be discharged. It’s ultimately up to the bankruptcy judge, but a recommendation from Department of Justice attorneys can go a long way.

Can private loans be discharged through bankruptcy?

Private student loans have on occasion been discharged through a complex process that starts with filing for bankruptcy. Your best bet is to contact a debt counselor or student loan attorney who can assess your situation and determine your odds of success.

How are Chapter 7 and 13 different for student loans?

Chapter 7 bankruptcy is generally for people with few assets and low incomes. Although getting student loan debt discharged through the bankruptcy process has been rare, you had a better chance with Chapter 7. If you file Chapter 13 in order to preserve your assets, you may end up just paying off your student loans on a different schedule. That said, the new process is expected to help more people who can’t pay their debts.

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SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

Third-Party Brand Mentions: No brands, products, or companies mentioned are affiliated with SoFi, nor do they endorse or sponsor this article. Third-party trademarks referenced herein are property of their respective owners.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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For many people, personal loans can be the difference between affording something they need — like major home repairs — and having to forego the purchase. But personal loans aren’t without fees. Lenders always charge interest on loans, and in many cases, something called an origination fee.

But what is an origination fee on a personal loan, and how does it work? We’ll dive in below.

What Are Personal Loan Origination Fees?

Personal loan origination fees are an upfront, one-time charge by the lender that covers the costs of processing the loan, including the application, underwriting, and funding.

Typically, lenders charge origination fees as a percentage of the total loan amount. It’s usually 1% to 6%, but origination fees may go as high as 8% or even 10% of the loan amount. In some instances, a lender may charge a flat fee instead.

Not every personal loan has an origination fee, and lenders may differ in how they require consumers to pay it, if it’s included.

Recommended: Should I Get a $5,000 Personal Loan?

How Do Personal Loan Origination Fees Work?

If a lender charges an origination fee for a personal installment loan, it’s usually a percentage of the loan amount, somewhere between 1% on the low end and 10% on the high end. For example, if you take out a personal loan for $15,000 and there’s a 5% origination fee, you’ll pay $750 in fees.

Lenders typically subtract this fee from the total loan amount. In our example, that means they’d offer you a loan for $15,000, subtract $750 from the amount, and give you $14,250. But you’d still have to repay $15,000, plus interest. If you truly need the full $15,000, it’s a good idea to request more than $15K to ensure that you have enough funds after the origination fee is deducted.

In this case, the personal loan origination fee would be reflected in the APR calculation. That’s why experts often suggest comparing loans by their APRs. The APR, which represents the annual cost of a loan (not just the interest rate) will give you a true picture of what you’ll pay over the life of the loan.

Learn more about interest vs. APRs before comparing loans.

Note: While subtracting the fee from your loan amount is common, some lenders may require an out-of-pocket payment or add it to your loan total. Asking a lender how they charge the origination fee is a good idea when shopping for loans.

How Much Are Personal Loan Origination Fees Usually?

Personal loan origination fees typically vary between 1% and 10% of the total loan amount. Depending on how much you’re borrowing, this fee can get extraordinarily high.

For example, if you borrow $100,000 with an 8% origination fee, that’s an extra $8K you’re paying on top of the loan amount and interest.

Recommended: What to Know Before You Borrow Money Online

How Are Origination Fees Calculated?

Lenders may advertise a set origination fee or a percentage range. If it’s the latter, how exactly do they determine the percentage you’ll pay?

Unsurprisingly, lenders primarily consider your credit score and debt-to-income (DTI) ratio. The stronger your credit score and the lower your DTI ratio, the lower origination fees you might be offered. Lenders that don’t charge origination fees at all may have strict requirements that only borrowers with good or excellent credit can meet.

Lenders may also consider the length and size of the loan. Having a cosigner with good credit can help reduce your fees. In addition, lenders may ask your reason for borrowing or use other information from your application when setting your fees.

Recommended: Guide to Large Personal Loans

When Is an Origination Fee a Dealbreaker?

It’s wise to compare the loan APRs, which represent your total annual costs. A loan with no origination fee but a higher interest rate may wind up costing you more in the long run; comparing APRs can help you figure it out.

If you qualify for a handful of personal loans with varying fees, you may not necessarily want to go with the lowest fee. Compare APRs to discover the true cost of each loan.

At SoFi, we offer competitive personal loan interest rates and the option to pay an origination fee to secure a lower interest rate. An origination fee is not required, but it may cost you less in the long run, depending on your loan amount and term. We encourage everyone to do their due diligence and research multiple loans, but we’re proud of what we offer: same-day funding, flexible loan terms and amounts. You can even check your personal loan rate in as little as 60 seconds.

So when is a personal loan origination fee a dealbreaker? If the fee makes your total cost of borrowing higher than another offer, you should consider the better loan offer.

All lenders are required to disclose their fees as part of the Truth in Lending Act. If a lender advertises no origination fees, it’s a good idea to check the fine print to see if they’ve disguised the fee with a look-alike fee, like an “administrative” or “application” fee. If a lender does this and it gives you bad vibes, go with your gut — you should always feel good about the lender you choose.

Explore SoFi Personal Loan Rates

Looking for a personal loan with no required origination fee? Try a personal loan from SoFi. You can get same-day funding, and our loan terms and amounts are flexible (two to seven years and $5K to $100K in loans). Check your rate online in as little as 60 seconds!

Get a personal loan without the high fees from SoFi.

FAQ

How much are personal loan origination fees typically?

Personal loan origination fees typically range between 1% and 6% of the loan amount. But depending on the lender, your credit score, and other factors, you may pay as much as 8% or 10% in personal loan origination fees.

Do private loans always have origination fees?

Many private lenders charge origination fees, but that is not always the case. Before taking out any loan with a private lender, it’s a good idea to compare origination fees and APRs.

Can origination fees be negotiated?

You can often negotiate origination fees for certain types of loans, such as mortgages and personal loans. SoFi Personal Loans allow you to negotiate a fee in exchange for a lower interest rate.. However, with a high enough credit score, you may be able to qualify for a personal loan without an origination fee — or at least a lower one.

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Photo credit: iStock/lechatnoir

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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The reality is that, much like that red wine stain on the rug, Sallie Mae student loans aren’t likely to evaporate into thin air. That’s because Sallie Mae is a private lender now.

And despite what you may have heard, there is currently no such thing as private student loan forgiveness.

Forgiveness is limited to federal education loans, and even then, the options are few. There are federal student loan forgiveness programs for those who go into public service or teaching. But other than that, it’s extremely difficult to cancel student loans.

Can Older Sallie Mae Loans Be Forgiven?

If you’re confused about whether your Sallie Mae loans are private or federal, it may be because the company has evolved over the years.

Though Sallie Mae, aka SLM Corp., no longer services federal loans, that wasn’t always the case.

Sallie Mae was created in 1972 as the Student Loan Marketing Association, a government-sponsored enterprise that serviced federal education loans. Even though it became privatized in 2004, the company continued to service federal loans made under the Federal Family Education Loan (FFEL) Program until that program ended in 2010. Then, in 2014, Sallie Mae split into two companies: SLM Corp. and Navient Corp and shifted its federal student loans to Navient.

So, if you have an older loan — one that originated before 2014 — it may have been a federal loan that started out with Sallie Mae and then moved on to Navient. And if that’s the case, you may be able to apply for Sallie Mae loan forgiveness.

Applying can be complicated, and you may have to consolidate your loans into a Federal Direct Consolidation Loan as part of the process.

You can see if your old debt is a federal education loan by visiting the Federal Student Aid website. If it is, and you want to seek loan forgiveness, you’ll eventually make your application to the government.

Keep in mind that Navient shifted federal student loan accounts to Aidvantage, a division of Maximus Federal Services, after Navient cut ties with the Department of Education in late 2021.

You can contact your current student loan servicer for information on how to get started.

Recommended: How Do Student Loans Work? Guide to Student Loans

What If You Don’t Qualify for Loan Forgiveness?

If federal student loan forgiveness seems like a long shot for you, don’t despair — you also may want to look into deferment or forbearance. These strategies allow qualifying borrowers to temporarily reduce or stop their federal student loan payments. However, depending on the type of federal loan you have, interest may continue to accrue while payments are paused, which could increase the overall cost of the loan.

Looking for a more long-term solution? An income-based repayment plan can offer qualified applicants another way to lower federal student loan payments. The four options limit how much money you put towards student loans each month based on family size and discretionary income (the difference between your annual income and 150% of the poverty guideline for your family size and state of residence).

You can contact your loan servicer for assistance with federal loan repayment. If you don’t know who your servicer is, you can find out by visiting your Federal Student Aid dashboard or calling 800-433-3243.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

Are There Alternatives to Private Student Loan Forgiveness?

Although there currently is no such thing as Sallie Mae private student loan forgiveness, there are alternatives available to borrowers struggling to manage their private loans.

Private lenders don’t offer income-driven repayment plans. But if you feel comfortable calling Sallie Mae (or any lender) directly, you could ask about other repayment plans they might offer or what ideas they might have for your situation. At the very least, it doesn’t hurt to learn more about your loans.

And some lenders, including Sallie Mae, offer deferment and forbearance for those who qualify.

The timeline and cost for each of these programs may vary by lender. Sallie Mae, for example, may require a “good faith payment” to go into forbearance. You may also be able to press pause on payments up to 48 months with a deferment specifically for returning to college, going to graduate school, entering into a law clerkship, and several other special circumstances. Something else to consider if you’re thinking about deferment or forbearance is that — just as with federal loans — even though the payments are paused, interest may continue to accrue. And this can increase the total cost of the loan.

Recommended: Private Student Loans Guide

Can You Refinance Sallie Mae Student Loans?

If you can’t make any headway with your current repayment plan, you can always look into refinancing student loans.

Though there are advantages to refinancing student loans, there are potential drawbacks to consider. For instance, if you refinance your federal loans through a private lender, you may give up some important benefits, such as access to federal repayment programs.

Sallie Mae doesn’t offer student loan consolidation and refinancing anymore, but you could potentially reduce your interest rate by refinancing your student loans with a different private lender, especially if you have a good credit history and strong potential earnings.

If you’re approved, the new lender will pay off your old loans and issue you one new student loan — hopefully with a lower interest rate. A lower rate can save money on interest payments over the life of the loan, provided that the loan term isn’t extended.

Though you can’t combine federal and private student loans through a federal loan consolidation program, some private lenders will refinance both.

You could extend your loan term if you’re hoping to make your monthly payments more manageable, or you could opt for a shorter loan term to try to get out of debt sooner.

Recommended: Student Loan Consolidation Rates: What to Expect

The Takeaway

Lender Sallie Mae used to offer federal student loans, and if you received one, you may be able to qualify for loan forgiveness. But federal student loan forgiveness can be hard to get — and if you have a private student loan through Sallie Mae, federal forgiveness is not available. There are, however, repayment options, including refinancing your student loans.

It might be beneficial to look for a refinancing lender that offers extras. SoFi members, for instance, can qualify for rate discounts and have access to career services, financial advisors, networking events, and more — at no extra cost.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.

FAQ

Does Sallie Mae service federal loans?

Sallie Mae only services private student loans, though that wasn’t always the case. If you have a loan that originated before 2014, it may have been a federal loan that started out with Sallie Mae and then moved to Navient. In early 2022, Navient shifted its federal student loans to a new servicer, Aidvantage.

How do I know whether my student loan is private or federal?

You can visit the Federal Student Aid website; information about your federal loans will be listed in your dashboard.

What student loans are not eligible for forgiveness?

Private student loans are not eligible for federal forgiveness.

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SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

SoFi Private Student Loans
Please borrow responsibly. SoFi Private Student Loans are not a substitute for federal loans, grants, and work-study programs. You should exhaust all your federal student aid options before you consider any private loans, including ours. Read our FAQs. SoFi Private Student Loans are subject to program terms and restrictions, and applicants must meet SoFi’s eligibility and underwriting requirements. See SoFi.com/eligibility-criteria for more information. To view payment examples, click here. SoFi reserves the right to modify eligibility criteria at any time. This information is subject to change.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Checking Your Rates: To check the rates and terms you may qualify for, SoFi conducts a soft credit pull that will not affect your credit score. However, if you choose a product and continue your application, we will request your full credit report from one or more consumer reporting agencies, which is considered a hard credit pull and may affect your credit.

Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

Third-Party Brand Mentions: No brands, products, or companies mentioned are affiliated with SoFi, nor do they endorse or sponsor this article. Third-party trademarks referenced herein are property of their respective owners.

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Serving the country could serve your bottom line. The Army, Navy, Air Force, Coast Guard, and National Guard offer programs for repaying part or all of your student loans, if you qualify.

Does the Military Pay Off Your Student Loans?

It might, but you must choose to work in specific military specialties, score at least 50 on the Armed Services Vocational Aptitude Battery, and commit to years of duty.

Military College Loan Repayment Program

Military enlistees, and some already enrolled members, can receive student loan repayment assistance of up to $65,000 for a three- or six-year commitment. Federal student loans and even some private student loans may be forgiven.

To qualify for the LRP programs, you cannot have previous military experience. You must choose to work in one of the military occupational specialties that the military branch is seeking. And many of the programs will require withdrawal from the GI Bill program.

Army Student Loan Repayment: Active Duty

The Army’s Loan Repayment Program is offered to highly qualified applicants enlisting for at least three years. If you meet the eligibility requirements, the Army will pay up to 33.33% of your current principal balance, or $1,500, whichever is greater, per year served. The maximum in loan assistance is $65,000.

Army Reserve College Loan Repayment Program

For this Reserve repayment program, you must enlist for at least six years. The Army will repay 15% of your outstanding principal balance or $1,500, whichever is greater, after each year of service. The total can’t exceed $20,000.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

National Guard Student Loan Repayment Program

To qualify for the National Guard Student Loan Repayment Program, you must enlist for at least six years. You could earn up to $7,500 each year of the incentive term, or up to $50,000 in total student loan repayment.

Navy Student Loan Repayment Program

The Navy will pay 33.33% of the principal balance of a borrower’s federal student loans or $1,500, whichever is higher, for each year of service, up to three years.

The Navy Loan Repayment Program may pay up to $65,000 toward a service member’s student loans.

Coast Guard Loan Repayment Program

The Coast Guard offers new members who commit to three years of service up to $10,000 in loan repayment each year after the first year of active service. The maximum assistance is $60,000.

Health Professions Student Loan Repayment Program

This Army program eases the student debt of doctors, dentists, and other health care professionals who are on active duty or in the Army Reserve. Borrowers can get up to $40,000 of their student loans repaid annually. The maximum assistance is $120,000.

Then there’s the Air Force Financial Assistance Program, for medical and dental residencies. You may receive more than $45,000 for every year you participate in the program plus a stipend of more than $2,000 per month to cover living expenses. Upon completion of your residency, you will have a one-year obligation for each year of participation, plus one extra year.

Prior Service Soldier Loan Repayment Program

Members of the Army Reserve with prior military service may receive up to $50,000 for student loan repayment.

Air Force Judge Advocate General’s Corps Loan Repayment Program

Eligible judge advocate generals (JAGs) can apply for up to $65,000 in student loan repayment. After you have completed the first year as a JAG officer, payments are made directly to lenders for three years.

Other Loan Forgiveness Programs for Military Personnel

National Defense Student Loan Discharge

Active-duty soldiers who have served in hostile fire or imminent danger pay areas for at least one year are eligible for cancellation of their federal Perkins Loans.

A borrower may see 100% of their loan principal, plus interest, canceled for a five-year term of service that began on or after Aug. 14, 2008.

Veterans Total and Permanent Disability Discharge

If you are totally and permanently disabled, you may qualify for discharge of your federal student loans or TEACH Grant service obligation.

In 2021, eligible borrowers identified as totally and permanently disabled based on data matching with the Social Security Administration began automatically having their federal student loans discharged.

Public Service Loan Forgiveness

In the Public Service Loan Forgiveness program, borrowers who serve full time in the military or who have gone on to other types of public service, including in government agencies, many nonprofits, police departments, and public health organizations, may have any federal student loan balance discharged after making 120 payments (not necessarily in a row).

To qualify, you must sign up for an income-driven repayment plan, meet the job criteria, and make 10 years’ worth of on-time payments.

Other Student Loan Benefits for People in the Military

Interest Rate Cap

Under the Servicemembers Civil Relief Act, the interest rate on any debt incurred before enlisting in the military, including both federal and private student loans, is capped at 6% while you’re on active duty.

Interest Waiver for Those at Dangerous Posts

The Department of Education announced in late 2021 that Under the Higher Education Act, service members deployed to areas that qualify them for imminent danger or hostile fire pay would have no interest accrual on certain federal student loans that were first disbursed on or after Oct. 1, 2008.

The Takeaway

Military student loan forgiveness is possible if you clear a number of hurdles. But you might still need to pay at least a portion of your loans while you’re enlisted and after you resume civilian life.

For many people, refinancing student loans can be a way to get a lower interest rate or a lower monthly payment, especially with a solid credit and employment history. (Note: You may pay more interest over the life of the loan if you refinance with an extended term.)

Refinancing allows you to take out a new loan, with new terms, and use it to pay off your existing federal or private student loans. While doing so can have advantages, you’d be giving up federal programs like Public Service Loan Forgiveness and income-driven repayment plans, and some of the military-specific loan repayment assistance.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.

FAQ

Does the VA forgive student loans?

The Department of Veterans Affairs has a student loan repayment program for employees in certain occupations. You may be eligible to receive up to $10,000 per year, with a maximum of $60,000, toward the debt.

The VA also offers the Education Debt Reduction Program for health care providers who serve veterans. Up to $200,000 in student loan repayment is offered.

How much student loan debt will the military pay?

Generally up to $65,000, depending on the military branch.

Do 100% disabled veterans pay student loans?

A borrower who is declared totally and permanently disabled is typically not required to repay federal student loans.

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SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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The idea of never making another student loan payment may be enticing enough to make your lender an offer. But is it possible to settle student loan debt for less than you owe?

In most cases, probably not. However, there are ways to get a student loan settlement if you’re in dire circumstances — though not everyone gets the chance and the risks might outweigh the rewards. We’ll walk you through some options.

What Is a Student Loan Settlement?

Let’s start at square one. A student loan settlement is settling your debt for less than what you owe on it and then making affordable repayments.

Settlements probably aren’t an option for people who make on-time, minimum payments. A lender isn’t likely to accept a settlement for less than what you owe if they have reason to believe you will eventually be able to pay back the entirety of the loan.

Typically, you can consider settlement if your student loans are in default. Once a federal student loan is in default, the entire balance comes due immediately, unlike loans in good standing, where you’ll have a minimum payment due each month.


💡 Quick Tip: Enjoy no hidden fees and special member benefits when you refinance student loans with SoFi.

Federal Student Loan Settlement

If you have student loans that you’re looking to settle, you first need to make sure you qualify to do so. You’ll need to currently be in default — which means that, if it hasn’t already, your loan will go to collections or a debt collector.

A settlement means you’re making a deal to pay off your loan for less than what you borrowed. This is different from student loan forgiveness, which cancels your loans under certain circumstances.

For a federal student loan settlement, there are three potential options to exit default:

1.    Waiver of fees. You’re now only eligible for the principal balance and interest, not the fees.

2.    Half interest and fees waived. All your fees are waived, plus 50% of the interest. You’re only responsible for the other 50% of interest and the principal balance.

3.    10% of principal balance and fees waived. You’re responsible for 90% of the principal balance and remaining interest.

Which option you choose will depend on the type of loans you have, your financial situation, and your loan servicer. Most of the time, new loan balances are due within a single fiscal year after the new settlement agreement. New terms will vary, but keep in mind that your new balance must be paid in full by the new deadline.

Settling Private Student Loans

If you have private student loans that you want to settle, your options are a bit different than federal loans. Your settlement will depend on your lender and what terms they are willing to accept. Each private lender is different, so you will have to contact them directly and ask their terms for settlement — if they accept settlements at all.

Alternatives to Student Loan Settlements

A student loan settlement is not without consequences. Your credit will likely take a hit when the loan is in default and once it is settled. But if your loans aren’t in default, there may still be other ways for you to lower your monthly payments.

1. Income-driven repayment plans (IDR)

For federal student loans, you can see if you qualify for an income-driven repayment plan. There are four options to choose from: Income-Based Repayment, Pay As You Earn (PAYE), Saving on a Valuable Education (SAVE) Plan, and Income-Contingent Repayment, among others. They all vary based on the details of your financial situation, like your income and family size.

The Department of Education recently started a new IDR program called SAVE. With this program, borrowers can pay as little as 10% of their discretionary income toward their monthly student loan payment, and their loans will be discharged after 20 years for undergraduate loans, and 25 years for graduate loans. Starting in July 2024, eligible borrowers in the SAVE plan will be able to pay 5% of their discretionary income toward their monthly federal loan payments and their loans will be forgiven in as little as 10 years, depending on their total loan balance.

2. Student loan forgiveness programs

There are plenty of ways federal student loans can be forgiven — if you qualify. With forgiveness, your loans are canceled, and you don’t have to pay off a balance, as you would with a settlement.

If you work in public service, education, healthcare, and some other sectors, you may be eligible for federal student loan forgiveness. To take advantage of certain federal programs, like Public Student Loan Forgiveness, you need to make 120 qualifying monthly payments and work for a qualifying employer to be eligible.

3. Discharging a loan

Getting your loan discharged isn’t the same as forgiveness, but it does mean your loan may get partially or completely canceled. You may qualify if you’re permanently disabled, your school closed, or, possibly, you file for bankruptcy. If you’re a veteran with a service-related disability, you receive Social Security Disability Insurance, or your doctor has diagnosed your disability, you might qualify to have your loan discharged.

If you have federal loans, and you feel your school “misled” you, promising jobs or certain salaries after graduation, you may qualify to apply for Borrower Defense Discharge through the Department of Education. As of July 2023, the Biden administration has approved $14.7 billion in relief for 1.1 million borrowers who claim their colleges took advantage of them or the schools closed abruptly. In August 2023, a federal court issued an injunction against the borrower defense discharge program, delaying payments, but borrowers can still submit an application.

Student Loan Refinancing

When you have a few different student loans, it can be overwhelming to pay them all on time every month. And with varying interest rates, it can get confusing.

Refinancing your student loans replaces all of your student loans with one new one. You get new terms and a new interest rate. Your new interest rate is usually determined by your credit score. If you’re having trouble meeting the minimum requirements, you could consider trying to get a cosigner.

Refinancing is a good option if you’re struggling to make your payments on time every month. Refinancing may help you lower payments and possibly your interest rate, depending on your terms. (You may pay more interest over the life of the loan if you refinance with an extended term.) Check out our student loan refinance calculator to get an idea of how refinancing could help your student debt situation.

It’s important to note that refinancing with a private lender means you would lose out on any federal benefits, including access to income-driven repayment programs or potential student loan forgiveness.

The Takeaway

While student loan settlements are rare — especially for federal loans — there are other options for borrowers who are struggling to pay their loans. If you have federal loans, you can apply for an income-driven repayment program and in some extreme cases, you may qualify for your loan to be discharged. Another option is student loan refinancing, though as mentioned above, if you refinance your federal loans you’ll lose access to certain federal benefits.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.

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SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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