Most people are aware that, typically, student loans cannot be discharged through the usual bankruptcy process. Instead, Congress requires student loan borrowers to initiate an adversary proceeding, a separate lawsuit filed within the bankruptcy case, in which they have to prove that repaying their student loan debt would be an “undue hardship.”
The US News and World report is reporting that a law school graduate in California recently succeeded in his battle to discharge some of his student loans.
Not only that, but a recent study by Princeton professor Jason Iuliano shows that in 2007 over 69,000 student loan borrowers probably could have discharged their student loans. Only 300 did. That is an incredible gap. Iuliano concludes that “the real failing of the student loan discharge process is lack of participation by those in need. Incredibly, only 0.1 percent of student loan debtors who have filed for bankruptcy attempt to discharge their student loans. That statistic is even more surprising in light of this Article’s finding that a debtor does not need to hire an attorney to be successful. In fact, debtors without attorneys were just as likely to receive discharges as debtors with attorneys were.”
Discharing your student loans is not easy, it takes an extra step in the bankruptcy process and can be incredibly time consuming. Its for this reason that a lot of bankruptcy attorneys don’t even attempt this process. I am looking for the right case to test this in the 10th circuit.
A vast majority of the clients I meet with are not interested in including their student loans in their bankruptcy. They feel that they received a substantial benefit from their education and want to keep paying. For most people, the only thing stopping them from repaying their student loans is their other debts. If you, or someone you know, is struggling from oppressive debt, call today for a free consultation. If your student loans are causing an undue hardship on you and your family, I can help you navigate the bankruptcy process to possibly get out from under those debts.