Can you file for bankruptcy with student loans?
Can you file for bankruptcy with student loans? – Is it possible – what is the process and how an attorney can help.
You might be conducting a search for Brighton Beach Bankruptcy Lawyer or bankruptcy lawyers in Brooklyn NY and wondering whether student loans can be included in your bankruptcy filing. There is good news and bad news. The bad news is that it can be extremely difficult to include student loans in your bankruptcy filing. The good news is that in some cases, student loans can be included in your bankruptcy filing, and Ursulova Law can help.
First, if you are considering bankruptcy, you are certainly going through a rough time in your life, and your bankruptcy attorney will be there to guide you through this process. Federal student loans are notoriously difficult to get discharged, but can be discharged if you or your attorney can prove undue hardship. Undue hardship means that you cannot maintain a certain living standard if you must pay your student loans, and that you are likely to remain in the position you are in for a significant period of time, mitigating your ability to repay your student loans in the future.
For example, a student loan borrower nearing their senior years made barely above minimum wage. The courts agreed that this borrower was not likely to increase his earning potential, could not afford to pay back the student loans and maintain a minimum living standard, and was granted a discharge of their student loans. (http://www.studentloanborrowerassistance.org/bankruptcy/)
In other instances, courts may partially discharge student loan debt, reducing the amount that must be paid back, or restructure the payment terms, meaning you will have additional time to pay, and often pay a significantly reduced amount per month. There are other ways to prove an undue hardship, so we recommend contacting a bankruptcy attorney for the best possible chance of having your loans discharged.