The cost of higher education is increasing at an alarming rate. More and more people are going back to school, which is saturating the job market with more qualified competition. Many people would be unable to go to college if not for financing options like student loans. But repaying these loans can be extraordinarily difficult, especially because there is never a guarantee that the borrower will be able to secure a job that can pay enough to sustain a decent living and pay off student loan debt at the same time.
If this sounds familiar, you may be considering filing bankruptcy. However, before you seek relief, you need to understand how California bankruptcy courts treat student loans. Our Irvine student loan debt lawyers at McFarlin LLP can help you determine the right course of action for your financial freedom, and it may be through a different option than bankruptcy.
If you feel as though you’re drowning in debt, our legal team can help you find relief from your student loan debt. Possible methods of relief include:
Student loan forgiveness There are several federal student loan programs that can reduce much of what you owe. We can help you take advantage of all the new programs to get the lowest possible payment and maximum possible forgiveness.
Disability discharge - If you are totally and permanently disabled (with a doctor’s note to verify), and you will not earn any money from a job in the next three years, your federal student loans can be eliminated.
Bankruptcy - Another option is to file for bankruptcy, but student loan debt is much more difficult to discharge than other types of debt. Depending on your unique situation and the type of bankruptcy you file, you may be able to catch up on payments, lower the interest rate, or reduce the amount you owe.
Student Loan Debt
Student Loan Forgiveness
Disability Discharge
Public Service Discharge
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Can Filing for Bankruptcy Help with Student Loans?
For many people, filing Chapter 7 bankruptcy can help them get their financial situation in order. But this may not be the case for those who are facing mounting student loan debt. The hard truth is that discharging student loans is very difficult. To discharge student loans, you must prove you would experience substantial “undue hardship,” meaning you could not maintain a minimal standard of living if you paid off your loans. Our team can help you determine whether a student loan debt discharge may or may not be worth pursuing.
Filing could be worth it for you if you meet the following three criteria:
Continuing to repay your student loans will cause you to fall below the minimum standard of living
Your financial situation is unlikely to change in the future
You’ve made a good faith effort up to this point to repay the loan
If you cannot discharge your student loans through Chapter 7 bankruptcy, another chapter may be more suitable. If you have a substantial amount of other types of debt, for example, Chapter 13 could help you establish a reasonable repayment plan and catch up on delinquent payments.
Get the Help You Need. Call for Help in Orange County & Southern California.
Contact one of our Irvine student loan debt attorneys at McFarlin LLP today to discuss the options for your debt elimination case and find relief from your student loan debt.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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