Columbus Bankruptcy Attorney
Columbus, Ohio Chapter 7 Bankruptcy & Chapter 13 Bankruptcy Lawyer

The Columbus Bankruptcy Lawyer

ATTORNEY SCOTT R. NEEDLEMAN

Student Loan Bankruptcy

Can Student Loan Debt be Discharged in Columbus Bankruptcy?

Do you have student loan debt in Columbus, Ohio? Are you in the process of filing for bankruptcy? If you answered yes to these questions, you may have concerns over whether or not this debt will be discharged. 

Important: Do Not File Student Loan Debt Bankruptcy, or consolidate student loans without first consulting with Student Loan Debt Relief Attorney Scott Needleman!

Often Bankruptcy Lawyers will advertise student loan debt help that is simply filing chapter 13 bankruptcy. While this may be a good idea in some cases, in many situations it just pushes the student loan debts into the future. Schedule a free financial analysis with Student Loan Attorney Needleman to determine if there are better options than filing bankruptcy available.

Most debtors find that they are unable to discharge student loan debt through Chapter 7 or Chapter 13 bankruptcy. Therefore student loan bankruptcy is not the right fit for everyone. There are exceptions to this rule, but only in particular situations. For example, if you can prove that repaying this debt would cause undue financial hardship, the court may allow you to discharge it.

In most cases student loan debts cannot be discharged through a bankruptcy filing, however our student loan debt help service can provide the help you need. Visit our dedicated Student Loan Debt Relief website.

The Undue Hardship Exception For Student Loan Debt Discharge Simply put, the only way to have your student loans discharged is to prove to the court that continuing to pay would put you in a dire financial situation. There are two tests for determining if you would face an undue hardship.

The Brunner Test

Many states use the Brunner test. You can discharge student loan debt if you meet these requirements:

Poverty: The test must determine that you are unable to meet the minimal standard of living if you are required to pay back your student loan debt.

Persistence. You must show that your current financial troubles are likely to continue into the future, spanning your repayment period.

Good faith. Can you prove that you have made an effort to repay your loans?

Totality of Circumstances TestIn states where the Brunner test is not used, courts turn to the totality of the circumstances test. With this in place, the court looks at the totality of your situation, which includes income, expenses, and debt. It is then that they determine if you should have to pay back your student loans after bankruptcy.

As you can see, you should not expect to have your student loan debt discharged in bankruptcy. Even though you may be relieved of other types of debt, this will continue to follow you.

Columbus Student Loan Bankruptcy Guidance

Are you concerned about what will happen to your student loan debt as a result of bankruptcy? Are you ready to move forward but need to know where you will stand when you come out the other end? This is where an experienced bankruptcy attorney can assist you. Since Attorney Scott Needleman is Not just a Columbus bankruptcy attorney, he also practices as a student loan debt relief attorney, he can explain when and how student loan debt can be discharged. Additionally he can provide student loan debt relief options other than filing bankruptcy.