texas attorney who specializes in discharging student loans in bankruptcy

What can a student loan attorney do for You?

To discharge a student loan in bankruptcy, you must file a separate lawsuit inside the bankruptcy called an “Adversary”. In a chapter 7 bankruptcy, time period from file date to discharge is about 4 months, during this window you must file an adversary to determine whether the student loan is dischargeable or not. You need not have a final trial before the discharge of other chapter 7 …

Are debt collectors threatening borrowers with lawsuits?

Nov 08, 2012 · A Richardson Chapter 7 bankruptcy attorney can help you with the bankruptcy process, which can discharge many debts, but generally not student loans. Unfortunately, student loans can leave a person with debt totaling tens or even hundreds of thousands of dollars.

Can my student loans be discharged in bankruptcy?

Bankruptcy & Student Loans,Houston,Texas Bankruptcy Lawyer Rogena Jan Atkinson represents people with student loans in bankruptcy under Chapter 7,Chapter 11,and Chapter 13 of the Bankruptcy Code.To see if Bankruptcy is an option for you contact our office for a free initial consultation.713-862-1700 Bankruptcy & Student Loans.

Are the government’s own student loan debt collectors breaking the rules?

Jul 17, 2021 · Student loan expert Michael Lux is a licensed attorney and the founder of The Student Loan Sherpa. He has helped borrowers navigate life with student debt since 2013. Insight from Michael has been featured in US News & World Report, Forbes, The Wall Street Journal, and numerous other online and print publications.

Can you file bankruptcy on student loans in Texas?

Most student loans are non-dischargeable, meaning that you still must pay what you owe when the bankruptcy proceeding is over. However, you can get this type of debt discharged if you prove to the court that repayment would constitute an undue hardship.

Can bankruptcy get you out of paying your student loan debt?

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.

What is undue hardship for student loans?

Specifically, a court might agree that repaying your loans would be an undue hardship if you can't maintain a minimal standard of living for yourself and any dependents, if the hardship will continue throughout the loan's repayment period, and if you've sincerely tried to repay your loans before filing bankruptcy.

Can Navient student loans be discharged in bankruptcy?

Second Circuit Affirms That Some Private Student Loans Are Dischargeable in Bankruptcy. In Hilal K. Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, Navient Credit Finance Corporation, Case No.Nov 18, 2021

What circumstances does a person need to prove to have their student loans discharged through bankruptcy?

What circumstances do I need to prove to have my loan discharged in bankruptcy? You must declare Chapter 7 or Chapter 13 bankruptcy and demonstrate that repayment would impose undue hardship on you and your dependents. This must be decided in an adversary proceeding in bankruptcy court.

Can Chapter 7 Discharge student loans?

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

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.

How do you prove economic hardship?

What Evidence is Needed to Prove Economic Hardship?proof of income (pay stubs, offer letter, etc.)proof of other income (e.g., alimony, child support, disability benefits)an expense sheet laying out all your expenses.tax returns (two years worth of returns)profit and loss statement.current bank statements.More items...•Feb 27, 2020

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.

What happens to student loans after Chapter 13 discharge?

At the end of the Chapter 13 plan period, your bankruptcy will likely discharge the remaining amounts you owe on your credit cards and other unsecured debts, even if you don't pay those claims in full through your Chapter 13 plan. The bankruptcy case will not get rid of your remaining student loan debt, however.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

What is the difference between bk discharge and BK dismissal?

The court can either dismiss it or discharge it. According to the United States Courts, the goal should be a discharge because this means the court accepts your bankruptcy case and forgives your debts. A dismissal occurs when something goes wrong with your case and the court is unable to finalize the bankruptcy claim.Apr 14, 2021