Most Student Loans are Non-Dischargeable in Bankruptcy

If you have substantial student loans and face extreme financial hardship, you may be able to discharge some or all of your student loans in a Chapter 7 bankruptcy proceeding. The process is difficult. These loans are rarely discharged, but you may be able to get the relief you need.

You want an experienced bankruptcy lawyer to analyze your situation and help you understand the options available to you. At the law office of Perry O’Brian, we had focused our practice exclusively on personal and business bankruptcy since our inception more than 36 years ago. We have a comprehensive knowledge and understanding of the laws and procedures governing bankruptcy filings.

We strive to make the process as simple as possible for you, keep you fully informed of any developments in your case, as well as your rights and options so you can make choices in your best interest. We place a premium on responsiveness and efficiency, returning calls and e-mails promptly. We work to complete the bankruptcy process with minimal expenditure of time or money.

Determine if You Can Discharge Student Loan Obligations

Student loan payments, whether through public or private organizations, are complicated to discharge in bankruptcy. You must demonstrate that you don’t have the ability to make any payments, and your financial situation is expected to last for a long time. The most frequent cause for such hardship is a long-term disability. The mere lack of a job is likely not enough.

We work closely with you to get a thorough understanding of your financial circumstances, including how long they are likely to stay the same and what prospects you have for improvement. We have been successful in getting student loan payments discharged.

We understand what we need to show the bankruptcy court to help you get the relief you need. Even if we cannot get your student loan payments discharged, we can often eliminate other debt, allowing you to have the resources to pay your student loans.