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.
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 TestMany 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 Test. In 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.