Law Office of Ronald D. Weiss, P.C.

Can Bankruptcy Help with my Student Loans?

Many Americans are struggling with student loan debt, particularly people with private student loan debt. Unlike federal loans, private student loans do not offer debtors flexible repayment options, sometimes leaving debtors with crushing monthly payments. As a result, many student loan debtors consider bankruptcy as an option in order to improve their financial situation. Unfortunately for debtors, changes to the bankruptcy code in 2005 made it very difficult to discharge student loans in bankruptcy. There are still some circumstances in which bankruptcy can provide financial relief, however, so anyone struggling with their student loan payments should be sure to discuss their options with an experienced Long Island bankruptcy lawyer as soon as possible. In many cases, the assistance of a lawyer may help you negotiate better repayment terms with your creditors without filing for bankruptcy, as well.

Student loans and undue hardship

In order to discharge student loans in bankruptcy, a debtor must be able to show "undue hardship." In order to establish undue hardship, the debtor must be able to establish the following:

• It would be impossible for the debtor to maintain a minimal standard of living while repaying his or her loans
• The debtor's current financial situation is likely to continue for a significant period of the debt repayment period
• The debtor has made a good faith effort to repay the loans

Very few debtors are able to meet the undue hardship test, but it is worth discussing your situation with an attorney to determine whether bankruptcy may be an option.

Bankruptcy can help eliminate other debts

Even if your student loan debts are nondischargeable, you still may be able to benefit from bankruptcy. Other debts may be dischargeable, potentially freeing up additional income in order to be able to consistently pay on your student loans. Some of the kinds of debts that can be eliminated in bankruptcy include:

• Credit card bills
• Medical bills
• Past due utility payments
• Personal loans
• Certain tax debts
• Business debts
• Civil judgments

Contact a Long Island bankruptcy lawyer today to schedule a free consultation

New York lawyer Ronald D. Weiss has been helping people obtain financial relief through bankruptcy for over 20 years. Call The Law Office of Ronald D. Weiss, P.C. today at (631) 479-2455 to schedule a free consultation.

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