YOUR STUDENT LOAN BANKRUPTCY LAWYER
Do you have a case that requires the service of a student loan bankruptcy lawyer? The Law Offices of Scott J. Goldstein, LLC can assist you. Give us a call today.
Student Loan Bankruptcy Attorney
It’s not uncommon for individuals to struggle with repaying student loan debt. According to Federal Student Aid, around 32 million borrowers have their student loans in deferment, forbearance, and default. If you are struggling to repay your private or federal loans, a student loan bankruptcy lawyer may be able to help you.
Unfortunately, many people think that you can’t discharge student debt, which is just one of the many myths surrounding bankruptcy. While not at all easy, discharging student loan debt in bankruptcy is possible.
Student loan attorneys at the Law Offices of Scott J. Goldstein may be able to help you. Our personal bankruptcy & foreclosure attorney can help determine your eligibility and guide you through the process. We have experience handling student loan bankruptcy cases and will do everything possible to get you a favorable outcome.
How Does Student Loan Discharge Work?
Unlike most dischargeable debts, student loans are not automatically terminated in bankruptcy. To discharge student loans, you must also start an adversary proceeding. Here’s how it works:
1. Seek Legal Counsel
Although it is possible to file alone, working with an experienced attorney is recommended. The bankruptcy process for student loans is complicated and involves complex paperwork.
2. File for Bankruptcy
It is necessary to fill out and submit a bankruptcy petition to the appropriate bankruptcy court. If you have a closed case, you may file to reopen it. Your legal counsel will advise you on which bankruptcy type is the most suitable for your case.
3. Initiate an Adversary Proceeding
After filing for bankruptcy, you must file for an adversary proceeding, which is a bankruptcy court’s version of a civil lawsuit. In an adversary proceeding, you bring a complaint against your loan lender, usually the Department of Education or a private entity.
According to 11 USC § 523(a)(8), student loan debt is only dischargeable if you prove it imposes undue hardship on you and your family.
To demonstrate undue hardship, you must satisfy the following conditions:
- You wouldn’t be able to keep a minimal standard of living if forced to repay the loan.
- Your financial difficulties will likely persist in the future.
- You made good-faith efforts to repay your debt, such as making several student loan payments.
Bankruptcy Types for Student Loan Discharge
When filing for student loan discharge in bankruptcy, you can choose Chapter 7 or Chapter 13.
Chapter 7 Bankruptcy
This type of bankruptcy involves selling your assets to pay creditors. Chapter 7 discharges in bankruptcy don’t automatically include student loans, so an adversary proceeding must be held to determine whether you are eligible for the discharge.
To be eligible for Chapter 7 bankruptcy, you must have a lower income than the state median.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy, also called wage earner’s plan, allows you to develop a debt repayment plan tailored to your financial situation. This plan will help you pay all or part of your debts within a three or five-year repayment period. After completing your repayment plan, the remaining debts may be discharged.
To file for Chapter 13, you must have a regular income.
Federal vs. Private Student Loan Debt Discharge in Bankruptcy
Both federal and private student loans can be discharged in bankruptcy, but the process varies slightly. According to new student loans bankruptcy litigation guidance by the Department of Justice, borrowers can discharge their federal student loans more easily and quickly by filing an Attestation Form with their local Assistant U.S. Attorney (AUSA). If the AUSA recommends a discharge to the court, your adversary proceeding may be concluded quickly and favorably.
When it comes to private loans, the bankruptcy court judge will make a judgment based solely on your arguments. It may be crucial to have a skilled bankruptcy attorney represent you in court to ensure your arguments are communicated efficiently.
How Can Student Loan Lawyers Help You?
A student loan bankruptcy lawyer may be indispensable since it’s notoriously difficult to discharge student loan debt. An experienced and knowledgeable attorney can help you:
Determine your eligibility for bankruptcy and undue hardship
Prepare the necessary documents to prove undue hardship, such as income and expense details
Fill out and file the required paperwork on time
Represent you in the adversary proceeding
Provide legal advice throughout the process and answer all your questions
Working with a skilled lawyer from the beginning can improve your chances for a favorable outcome.
How to Choose the Right Bankruptcy Lawyer for You?
Looking for the right bankruptcy attorney may be overwhelming. Here’s how you can narrow down the search:
As each bankruptcy court has its own rules, it’s important to work with a local attorney who is well-familiar with both local court rules and state laws.
Not all bankruptcy attorneys handle student loan discharge cases, so it’s important to look for someone who has experience doing that. You want to find someone with practical knowledge of bankruptcy proceedings for student loan debt to increase your chances of success.
You may want to choose an attorney who has a proven track record of success. You can check their testimonials and read through their client reviews.
Contact the Law Offices of Scott J. Goldstein, LLC
We understand how unpaid student loans can impact your life and finances. The Law Offices of Scott J. Goldstein, LLC may be able to help you discharge your debts and regain control of your life.
Contact us today to schedule a free consultation with our student loan attorney!
Call the Law Office of Wenarsky & Goldstein
At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.