attorney who can help get rid of student loan debt in bankruptcy

If you have a considerable amount of student loan debt, it’s wise to meet with a local bankruptcy attorney. If you decide to appeal the discharge issue in bankruptcy court, you’ll want an attorney to represent you. Groce & DeArmon, P.C. are the bankruptcy attorneys you can trust.

Full Answer

When is it time to hire a student loan lawyer?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-09-01_13-27-00. Most debtors won't be able to discharge (wipe out) student loan debt in Chapter 7 or Chapter 13 bankruptcy. However, if you can prove that repaying your student loans would cause an undue hardship to you, you can get rid of your student loans in bankruptcy.

When to hire a student loan lawyer?

It's a myth that student loan debt and tax debt cannot be eliminated. Call Utah bankruptcy attorney Roger Kraft to learn more: 801-871-8353. Relief is just a phone call away

What happens to my student loans if I file for bankruptcy?

Feb 02, 2021 · You may have heard that your can’t get rid student loans in bankruptcy, and for the most part, that’s right.

How do I discharge my student loans in bankruptcy?

Oct 18, 2019 · Getting rid of student loans through bankruptcy could get easier. Lawmakers have proposed a bill that would treat student loans like other types of debt in bankruptcy. If passed, the Student Borrower Bankruptcy Relief Act of 2019 would get rid of the undue hardship requirement.

Can student loans be removed via bankruptcy?

Student Loans And Bankruptcy: How It Currently Works While it is far from impossible to get student loan debt cancelled through bankruptcy under current law, it is not easy. To be successful, most student loan borrowers have to show that they have an “undue hardship,” which is a challenging legal standard.Oct 28, 2021

Are student loans forgiven in Chapter 7?

Under Chapter 7 bankruptcy, your student loans are not automatically discharged. To have your student loans considered for discharge, you can file a complaint to determine dischargeability, which initiates what's known as an adversary proceeding. You (and an attorney) attempt to prove your case for financial hardship.Dec 18, 2020

What is undue hardship for student loans?

‍To prove undue hardship, you'll likely need to pass the challenging Brunner Test by showing you can't maintain a minimal standard of living while repaying your student loan debt. Many borrowers who file bankruptcy wrongly assume that student loan debt is impossible to get rid of.Dec 4, 2021

How do I get a student loan written off?

PSLF forgives the remaining balance on your Direct Loans after you have made 120 qualifying monthly payments under a qualifying repayment plan while working full-time for a qualifying employer. Learn more about the PSLF Program to see whether you might qualify.

When did student loans become non dischargeable?

1976Federal student loans became nondischargeable in bankruptcy proceedings in 1976. Before then, debtors could discharge student loan debt along with most types of consumer debt. That ended in 1976 when Congress amended the Higher Education Act of 1965.Jun 27, 2021

How can I get my old student loans forgiven?

Public Service Loan Forgiveness is available to government and qualifying nonprofit employees with federal student loans. Eligible borrowers can have their remaining loan balance forgiven tax-free after making 120 qualifying loan payments.

Do student loans expire after 20 years?

Any outstanding balance on your loan will be forgiven if you haven't repaid your loan in full after 20 years (if all loans were taken out for undergraduate study) or 25 years (if any loans were taken out for graduate or professional study).

The Undue Hardship Exception

To have your student loan discharged in bankruptcy, you must demonstrate that it would be an undue hardship for you to pay them. The test for deter...

Procedure to Discharge Your Student Loan in Bankruptcy

If you want to try to discharge your student loan in bankruptcy, you must file an adversary proceeding to determine dischargeability with the bankr...

Raising Defenses to Student Loan Debt in Bankruptcy

You might have defenses to payment of your student loan debt, particularly if you attended a vocational or trade school. Examples include breach of...

Consider Consulting With An Attorney

You’ll find the Brunner test or other standards applied to Chapter 7 and Chapter 13 debtors in lots of court cases. Knowing how the court in your j...

What Happens If Your Student Loans Aren’T discharged?

If, as in most cases, your loans are not discharged in bankruptcy, here’s what happens. 1. Chapter 7 bankruptcy. In Chapter 7 bankruptcy, if paymen...

Government Versus Private Loans

The federal government is the lender for a significant percentage of student loans. (The federal government started making loans directly in 2010.)...