Student Loan Debt Solutions
Student Loans balances are not automatically wiped out (i.e., discharged) in bankruptcy. New guidance by the Department of Justice (as of November 17, 2022), however, makes the process of having student loan debt eliminated more attainable than it was previously.
The new guidelines provide information to help set expectations of obtaining a discharge of federal student loan debt in bankruptcy and simplify the process. Basically, it must be shown that an “undue hardship” is created by student loan repayment. The new guidance provides a more objective framework in determining whether an “undue hardship” is caused by the student loans. Undue hardship generally means that a borrower cannot maintain a minimal standard of living if obligated to repay the loans and the financial hardship is expected to be ongoing.
To obtain a discharge of student loan debt in bankruptcy, an adversary proceeding will need to be filed. Briefly, an adversary proceeding is a lawsuit within a bankruptcy case challenging an issue (the dischargeability of a person’s student loan debt).
A good attorney will know how to use the facts of your situation to help you demonstrate the necessary elements of your undue hardship.
For more information about receiving relief from student loan debt, contact us for a free assessment.
At DiMarco Warshaw, our team provides a range of legal services aligned with the needs of our clients. When you hire us, you will always receive one-on-one client attention and representation that helps you get the best outcome for your legal situation. If you need an attorney in California, contact us at 888-890-5474 to schedule a consultation and get the advice and representation you need.
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