The Student Loan Monster


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.




About Jason

My name is Jason Richards, and I am an attorney in Northern Utah. I run my own practice and have offices in Ogden and North Salt Lake. I grew up in Ogden and attended local public schools. I graduated from the University of Utah Law School with a juris doctorate degree. My practice primarily centralizes on bankruptcy and debt collection. I also specialize in criminal defense and other areas of civil litigation. I represent clients who are suffering from crushing debt that seems hopeless. I have helped many people file for relief under Chapter 7 and Chapter 13 of the United States Bankruptcy Code. I have also helped dozens of clients renegotiate their debt and defend them in debt collection actions with ruthless creditors. If not dealt with promptly and aggressively, creditors will achieve their goal to collect. Bankruptcy is certainly not the solution for everyone. Everybody's situation is different. The best way for you to determine if it is right for you is by consulting with a local bankruptcy attorney. Bankruptcy has helped millions of Americans receive a fresh start and financial independence.
This entry was posted in Uncategorized. Bookmark the permalink.

3 Responses to The Student Loan Monster

  1. Chris Martin says:

    Really , sometimes student loan is a monster

  2. Student loans are a huge burden on not only an individual, but a family. Unfortunately, student loans are higher than ever – making debt larger than ever. It’s good to have an attorney -like yourself- that can help a client navigate bankruptcy’s many unfortunate exceptions.

  3. Liquidators says:

    Student loans can be very difficult to discharge but it is not impossible.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s