Many people believe that student loans cannot ever be discharged in a bankruptcy. This just is not true. This myth is perpetuated because the process to get rid of student loans in bankruptcy is rather complex. In fact, most bankruptcy law firms will not take on the big student loan lenders. I will.
Whether your student loans are with the government, a private lender, or even with a collection agency, there are steps that you can take to discharge your student loans through bankruptcy.
Do you meet the following criteria? If so, you should contact my office immediately to determine whether we can discharge your student loans in a bankruptcy.
1. Your loans were taken out for educational purposes (such as tuition, room and board, books, etc.)
2. You have at least made an attempt to repay your loans.
3. Repaying your student loans would impose an undue hardship on you and your family.
4. There is no reasonable hope of you earning a sufficient income that would allow you to repay your loans.
Numbers 3 and 4 are where all the action is currently. The classic example that the courts have said meet dischargeability standards is when a person becomes permanently disabled after incurring the student loans. In this unfortunate scenario, the debtor will never be able to earn the income that they anticipated when they obtained their student loans. Forcing the person to repay their loans would obviously impose an undue hardship. It is cases like these that are good candidates for bankruptcy relief for student loans.
If you think you have a good case for student loan discharge in bankruptcy, please call my office to set up a consultation. I am a Student Loan Bankruptcy Attorney and I can help. My number is (916) 333-2222.
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