Bankruptcy courts do have the ability to discharge student loan debt in some cases, so it is well worth investigating your options.


Logos - BW - Martindale
Screenshot 2020-02-21 at 1.52.28 PM

Drowning in student loan debt & back payments? We may be able to help!

Americans today owe more than a trillion dollars in student loan debt. For many families, this debt burden is financially crippling, causing them to fall behind on other bills, and go without many necessities in life. While student loans are intended to allow people to go to school so they can improve their financial position in life, the reality for many people is quite the opposite - with the job market like it is, student debt holds many families back from prospering. And while many resort to bankruptcy, student loans are not included in the typical kinds of debt erased or eased by bankruptcy.

Small Business Bankruptcy

Student loan call harassment can make life difficult, and negotiating student loan debt is practically impossible unless you have a student loan bankruptcy attorney. Filing bankruptcy on student loans is not possible under the current laws (although there are members of congress looking into it), and many wonder, “can a lawyer negotiate student loan debt?”. Fortunately, the short answer is yes.


Due to the fact that student loan debt is widely considered “unbankruptable,” people assume that there is nothing that can be done except struggle through it for years and years. While it is true that student loan debt typically isn’t discharged in bankruptcy, that is not always the case. Bankruptcy courts do have the ability to discharge student loan debt in some cases, so it is well worth investigating your options for a student loan resolution, with the support of a student loan bankruptcy lawyer. If you are being held back by an unpayable student loan, debt relief is still available to you.


Get a Free Consultation

When is Student Loan Debt Dischargeable in Bankruptcy?

Bankruptcy courts today use a practice called the Brunner test (named after a court case, Brunner v. New York State Higher Educ. Servs. Corp) to determine whether the requirement to continue paying off the student loan will cause undue hardship for the individual who owes the debt (and potentially for his or her family). This test looks at the following information to determine how to proceed:

Ability to Maintain Minimal Standard of Living

If the debtor cannot reasonably support a ‘minimal’ standard of living for themselves and their family.

Terms of Mortgage
Persistent Financial Situation

The situation that the debtor finds himself/herself in is likely to remain for most or all of the repayment period. This typically means that the court determines that the debtor’s income is not likely to significantly rise, and their expenses aren’t likely to drop, in the foreseeable future, even if other debts are discharged.

Attempted to Pay

The debtor must have made a good faith attempt at repaying the debt up to this point.

An attorney for student loan disputes will help you present your case in a compelling way, to increase the chance that the judge will decide in your favor and eliminate, reduce or make your payments more manageable. The Brunner Test is the most commonly used justification for discharging Student Loan debt, though in extremely rare cases, judges will cite other reasons for eliminating this type of debt in bankruptcy - a good student loan lawyer can help you navigate those cases too.

While it is never a good idea to count on declaring bankruptcy as a way to get rid of your student loans, student loan resolution may be something to try if you are having financial difficulties - even if the debt is not erased, you may get better repayment conditions, and the collection calls will stop. If you need student loan forgiveness, lawyer advice is the way to go.

Young female businesswoman in the office



When does it make sense to file for bankruptcy?

Many people struggle financially for months or even years trying to stay afloat. While bankruptcy should never be rushed into, it is also an important financial tool that can help you get back on your feet.

There are many situations where declaring bankruptcy can be a huge benefit.


Benefits of Bankruptcy on Student Loan Debt

Even if you are not successful at having your student loan debt discharged in a bankruptcy, it can still be helpful in improving your financial situation. When you file for bankruptcy, all collection activities must stop on all your debts, including student loan debt. The judge can then work with you and the creditor to help find a repayment plan that you can handle, and once your other debt is under control you will be able to get the student loans repaid with greater ease.

We’re here to Help

If you are struggling to pay off your student loans—or any other debts for that matter—you will always want to make sure you enlist the guidance of a student loan attorney with significant experience in the area of debt relief. Attorney David Sisson has helped clients through all types of bankruptcies and has successfully argued for having student loan debt discharged in the past. To go over your situation, please contact us to schedule a no-obligation consultation right away. Imagine what life without debt could feel like!