Bankruptcy Lawyer | Is Bankruptcy The Way to Discharge Student Loans?
Bankruptcy Lawyer | Filing for bankruptcy is a monumental decision with long impacting financial consequences. It is not a favorite thing for someone to do. Under Federal law, one has the right to file for bankruptcy in order to get relief from creditors.—This may also include getting relief from student loans, or at least clearing debt so that student loans can be addressed.
Generally, student loans are discharged in bankruptcy only under extreme financial conditions of hardship. However, a trend may develop where those laws are softened.
Can bankruptcy discharge student loans?
Under current law, there are three major factors used by courts to determine undue hardships, as follows:
- If you are not able to maintain a minimal standard of living requirements if you are required to pay the student loan.
- You will be faced with a prolong period of financial hardships if you were to pay the loan.
- You have made good faith efforts to pay off the loan before you filed for bankruptcy.
Applying for a hardship discharge requires careful litigation by an experienced bankruptcy lawyer. The student loan creditor may contest the adversary proceeding. There are also administrative remedies in responding to student loan defaults that this office will review with you for a nominal charge. Such administrative remedies may include consolidation of loans, direct negotiation, and /or repayment plans depending on the type of employment you have and your level of income.
Consider all options before making the final decision. In such matters, help of a knowledgeable bankruptcy lawyer will be beneficial to navigate the process. I am a bankruptcy lawyer practicing in Bakersfield and serving clients in all of Kern and Inyo Counties, California. Call us for a consultation!
Our office can assist you in determining whether bankruptcy is the right choice for you, and which chapter under the Bankruptcy Code would provide you with the most relief. To schedule a free consultation with a knowledgeable Bakersfield bankruptcy lawyer about filing a Chapter 7 bankruptcy in Kern County, please call our office today at 661-888-4335 .