Empathetic Legal Guidance on Student Loan Debt Relief Options
You are not alone if you are struggling to keep up with your student loan debt. Nearly 6 million people are at least 1 year behind in making payments. Unfortunately, too many assume there is little they can do about their student loan debt. This can be a tragic mistake: Student loan creditors have the ability to garnish as much as 15% of your wages after learning you are unable or unwilling to continue making payments. Even retirees are not out of the woods, as creditors can garnish Social Security benefits.
In many cases, the best way to address your student loan debt is to take decisive action to address your finances. The Law Office of Larry P. Karandreas can help you secure many forms of debt relief. As a Glendale student loan lawyer, I strive to help clients throughout Arizona leverage bankruptcy and other tools to overcome seemingly insurmountable levels of debt.
I am committed to helping you obtain a fresh financial start. Contact us online or call (623) 254-5505 to learn more about how my firm can address your student loan debt.
Can Student Loans Be Discharged in Bankruptcy?
Contrary to popular belief, there are situations where you can discharge student loans through bankruptcy. It is still difficult to discharge student loans, but it is not impossible.
The law allows bankruptcy filers to eliminate student loans if paying them creates an “undue hardship” for you and your dependents. Proving “undue hardship” can be challenging, and not everyone will qualify. However, even if you do not qualify to discharge student loans under the “undue hardship” standard, I have substantial experience implementing other debt relief strategies that can ease your student loan stress.
Arizona bankruptcy courts will carefully assess your claim of “undue hardship” if you attempt to discharge student loans. Most courts will evaluate your financial position based on criteria outlined in the Brunner Test.
Under the Brunner Test, you may qualify to discharge student loans through bankruptcy if:
- You cannot maintain a “minimal” standard of living based on your current income and expenses
- Your financial situation is unlikely to substantially change in the future
- You have made a good-faith effort to pay your student loans
As a Glendale student loan attorney, I can evaluate your circumstances and advise whether you are likely to meet the “undue hardship” standard. If you do appear to meet these criteria, I will work with you to file an adversary proceeding, which functions as a sort of lawsuit within the bankruptcy case. A successful adversary proceeding will authorize the discharging of your student loans.
Many bankruptcy filers will not qualify to discharge student loans under the “undue hardship” standard. However, filing for either type of consumer bankruptcy can still facilitate relief.
If payment of your student loans does not represent an undue hardship in a Chapter 7 bankruptcy, you will still be expected to pay them once your bankruptcy has concluded. You will, however, be able to discharge unsecured debts like credit card debt, medical debt, and unpaid utility bills.
You will also typically be able to discharge unsecured debts in a Chapter 13 bankruptcy even if you are unable to eliminate student loans. This can free up resources and give you financial flexibility to catch up on student loan payments.
Filing for Chapter 13 presents another key advantage: Your student loan lender cannot demand full payment of the loan at once while your bankruptcy case is active. Chapter 13 bankruptcy involves a reorganization of your debts into a lump monthly payment you make to a trustee over a period of 3-5 years. This means you will have some protection from student loan lenders for multiple years, giving you peace of mind and time to improve your finances.
Because of Larry’s assistance we now have a fresh start. Our advice, call him, sooner rather than later, he has the answers.Steve & Susanne L.
A Bankruptcy Lawyer Who Cares
With an over 90% success rate, Attorney Larry Karandreas takes your case seriously. He personally handles all client correspondence, never overbooks his schedule, and makes sure every client receives his full attention.
Limited Caseload to Ensure Personalized Attention
Attorney Karandreas ensures that his caseload is not overloaded in order to provide top-quality care and attention to each of his clients.
Little to No Money Down on Bankruptcy Filings
We offer as low as $0 down on Ch. 13 filings and as low as $700 on Ch. 7 filings for qualifying cases.
Nearly 30 Years of Bankruptcy Experience
Although Attorney Larry Karandreas has done other areas of law, he is focused on providing top quality bankruptcy services because he gets to help people with particularly challenging cases.
Non-Bankruptcy Options for Student Loan Relief
Bankruptcy is not necessarily the right choice for everyone, especially if a bulk of your debt consists of student loans or other secured debts that cannot be easily discharged. There are still other, non-bankruptcy relief strategies that can help you address and eliminate student debt.
I can assist you with exploring the following non-bankruptcy-related student loan relief strategies:
- Waivers/elimination of student loan debt due to a permanent disability
- Establishing an Income-Driven Repayment plan as established through federal law and guidelines
Student Loan Relief and Disability
If you are permanently disabled and can demonstrate proof of your disability, you may be able to have your student loans administratively discharged. This can be a protracted and convoluted process, but it is possible for individuals to eliminate the entirety of their student loans using this method.
Income-Driven Repayment Plan
If you have federal student loan debt, you may be able to qualify for an Income-Driven Repayment program. This plan will assess your current ability to pay and set up a new monthly payment that will fit within your budget.
Under an Income-Driven Repayment plan, your financial circumstances will be reevaluated annually and adjusted commensurately, and for many low-income individuals with little to no disposable income, your monthly obligation could be as low as $0.00 a month.
After a certain period of time, any outstanding student loans will be eliminated.
Reach Out to The Law Office of Larry P. Karandreas for Debt Relief Assistance
At The Law Office of Larry P. Karandreas, I strive to provide each of my clients with personalized and compassionate services that help them overcome seemingly inescapable financial difficulties. As an experienced Glendale student loan relief lawyer, I can assist you with exploring both bankruptcy and non-bankruptcy relief options.
I am extremely familiar with how to effectively navigate adversary proceedings in bankruptcy filings and have a strong track record of winning them. No matter your circumstances, I can identify strategies that will work to reduce or eliminate your student loan debt.
You do not have to live with insurmountable student loan debt. Schedule a free initial consultation with my office by contacting me online or calling (623) 254-5505.