Southern California Student Loan Debt Attorneys

California Student Loan Bankruptcy Laws

People throughout the United States collectively owe over $1 trillion in student loan debt. This number is staggering to say the least, and borrowers are often shocked to learn that filing for bankruptcy may not be an option for them like it is for people who have other types of debt. However, there are exceptions to this rule, as well as other methods of managing student loan debt that may be available to you.

The lawyers of Wadhwani & Shanfeld have extensive experience with helping people in debt. We can advise you on the paths to student loan debt relief that could work for you.

Can Student Loan Debt Be Discharged Through Bankruptcy?

Although filing for bankruptcy can help to completely eliminate many types of debt, this is unfortunately not true for student loan debt — in most cases. It is possible to discharge student loan debt through bankruptcy, but in order to do this, you must prove that paying the loans is causing you “undue hardship.”

To determine if this is true, courts often utilize the “Brunner test.” The Brunner test involves evaluating a person’s financial situation and their efforts to pay off their student loans.

Through the Brunner test, the court will analyze if you:

are struggling to meet the needs of yourself and your family because of your student loan debt;
are living in a financial situation that will probably not change any time soon; and
have attempted to pay your student loans.

A person must meet all three of these conditions to qualify for student loan debt dischargement. The court may decide to discharge all of your debt or a portion of it based on your circumstances.

How Filing for Bankruptcy Could Help with Student Loan Debt

While you may not be able to discharge your student loan debt through bankruptcy, Chapter 13 bankruptcy can offer another method of managing educational loans. You may be able to establish a new repayment plan or even negotiate paying a lesser amount as part of your Chapter 13 bankruptcy terms. By filing for Chapter 13 bankruptcy, you may also be able to minimize harassment from collectors.

We Can Help You Navigate Student Loan Debt

There may be ways we can assist you with your student loan issues, other than filing for bankruptcy. With the help of our skilled Southern California student loan debt lawyers, you can find a solution. We will help you understand your rights as a borrower and how to enforce those rights amidst your circumstances.

We can assist you with creating a repayment plan or help you find other ways to minimize or restructure your loan payments. We can also defend you against persistent creditors and serve as your representation when discussing your student debt with the loan companies.

Contact Us to Discuss the Details of Your Case

The ways in which you can manage your student loan debt, whether through bankruptcy or not, will be dependent on the unique aspects of your situation. For example, your student debt situation will be different depending on amount and interest rates, if the loans are federal or private, if you have defaulted on your loans, and other factors. The world of student loans is very complex, and the solutions that work for another person may not work for you. We will evaluate your case to find a method of student loan debt management that can help you find relief.

Call (800) 996-9932 or send us a message to schedule a free consultation with our Southern California student loan debt attorneys.

Contact Us Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.

What Our Clients
Are Saying

We have helped over 25,000 satisfied clients

“It was a pleasure working with Gregory. He made this unfortunate experience smooth and stress-free.”
- Csilla Holbrook