Bankruptcy And Student Loans

Many people — lawyers and nonattorneys alike — assume that student loans are not dischargeable during bankruptcy. Although it is incredibly difficult, and the circumstances must meet a very specific set of criteria, some individuals may be able to discharge their student loan debts.

At the Law Office of Donald H. London Esq., we can help you make sense of your student loan debt and determine if a portion or all of your debts can be discharged through bankruptcy.

Are The Bankruptcy Courts Changing Their Attitudes Toward Student Loans?

As the deleterious effects of unmanageable student loan debts continue to arise throughout the country, the conversations regarding discharging student debt through bankruptcy are beginning to change. In the past, a discharge was next to impossible. Now, as more people are falling into delinquency, many judges are reconsidering.

Most courts rely on a three-part test to determine whether a debtor can demonstrate undue hardship in meeting their student loan obligations:

  • A minimal standard of living is unsustainable based on the debtor's current income and expenses due to the burden of paying down student loans.
  • Certain circumstances (such as a long-term illness or permanent disability) render the possibility of repaying student loans next to impossible.
  • A debtor has made every effort to repay the loans but is still unable to meet the required payments.

Demonstrating undue hardship is not an easy proposition. In most cases, discharging federal or private student loans requires a special proceeding to prove that an individual is unable to meet repayment obligations for the foreseeable future. That said, the law is always changing and it's important to speak with an experienced attorney who can help you determine whether bankruptcy is the best method for achieving financial relief.

Get The Facts About Student Loans And Discharging Debts Through Bankruptcy

Many people make assumptions regarding student loans and bankruptcy. At the Law Office of Donald H. London Esq., we look to educate our clients and arm them with the most up-to-date facts regarding bankruptcy and student loan debt.

Call us and speak with attorney London during an initial consultation. Located in Yonkers, New York, we represent people throughout Westchester County and the surrounding area in a variety of bankruptcy and other financial matters. Call 914-965-7230 or complete our online contact form. We offer Spanish-language services as well as flexible appointment scheduling.

We are a debt relief agency. We help people file for bankruptcy under the U.S. bankruptcy code.