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Why Can't I Clear My Student Loans through Bankruptcy in Los Angeles Even When Facing Extreme Financial Hardship?

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Location: Los Angeles  |  Law type: Bankruptcy law attorneys
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I've been going through some tough financial times in Los Angeles and am considering filing for bankruptcy. However, I was told that student loans, which make up a significant chunk of my debt, can't be cleared through bankruptcy. With my current financial situation, there's no way I can keep up with the payments.

  • Is it entirely impossible to have student loans discharged during a bankruptcy filing in LA?
  • Are there any exceptions or scenarios where student loan debts might be considered?
  • How does bankruptcy work in relation to other types of debts in Los Angeles?
  • What would be the implications of filing for bankruptcy on my future credit?
  • Should I consult a bankruptcy law attorney to navigate this situation effectively?

Commonly posted questions...

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11 months 2 weeks ago, Bankruptcy law attorneys, California

Legal Solution

The response provided below is specific to Bankruptcy law attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Student Loan Discharge in Bankruptcy

Understanding the Basics

Filing for bankruptcy in Los Angeles can be a complex procedure, with different rules and exceptions. One of the most common misconceptions is that student loans can never be discharged in bankruptcy. While it's true that it's difficult, there are certain situations and tests, such as the Brunner Test, which assesses extreme financial hardship, that might allow for their discharge.

Relevant Statutes and Resources:

Potential Solutions

There are three primary bankruptcy chapters individuals might consider: Chapter 7 (liquidation), Chapter 13 (wage earner's plan), and in rare instances, Chapter 11. An individual might argue that repaying the student loan would impose an "undue hardship" on them and their dependents. This typically requires demonstrating that:

  1. Making loan payments would not allow you to maintain a basic standard of living.
  2. This situation is likely to persist for the duration of the loan.
  3. You've made good faith efforts to repay the loan before filing for bankruptcy.

For a more tailored approach to your unique situation, you might want to find the right lawyer.

Legal Fee Overview in Los Angeles

Service Average Cost in Los Angeles % Difference from National Average
Chapter 7 Bankruptcy filing $1,850 +15%
Chapter 13 Bankruptcy filing $3,500 +10%
Student loan litigation $4,200 +20%
Undue Hardship Petition $2,700 +25%
Bankruptcy consultation $250 +5%

Note: These prices vary depending on the complexity of the case and the expertise of the attorney.

Complexity of Student Loan Cases

Bankruptcy and Student Loans: Student loans, unlike credit card debt or medical bills, are considered non-dischargeable unless undue hardship can be proven, which makes these cases challenging.

Case Studies:

  1. Jane Doe filed for Chapter 7 bankruptcy, claiming undue hardship as she had a medical condition preventing her from working. With proper documentation, she successfully had a portion of her student loans discharged.
  2. John Smith, with a well-paying job, filed for Chapter 13 bankruptcy, seeking a payment plan adjustment for his student loans. The court denied a complete discharge but granted a more feasible payment schedule.
  3. Emily Johnson, a single mother of three, failed to prove undue hardship due to insufficient documentation despite facing financial challenges. Working with an experienced attorney could have made a significant difference in her case.

Important Considerations for Your Case

  • Have you explored other loan repayment options or forgiveness programs?
  • Can you provide evidence to support claims of undue hardship?
  • How long ago did you finish your education, and have you made any attempts to repay?

Commonly Asked Questions

Q1: Can I discharge private student loans as easily as federal ones?

Private student loans are generally treated the same way as federal ones in bankruptcy, but they might not have the same forgiveness or repayment options outside of bankruptcy.

Q2: What if I've already consolidated or refinanced my student loans?

Consolidation or refinancing can affect the nature of your loans, especially if federal loans were combined with private ones. It's crucial to ask a free legal question to get guidance tailored to your specific situation.

Q3: Are there alternatives to bankruptcy for managing student loan debt?

Yes, several repayment plans, forgiveness programs, or deferral options might be available depending on the nature of your loan. Consulting with a financial advisor or attorney can provide clarity.

Q4: How will filing for bankruptcy affect my credit?

Bankruptcy can significantly impact your credit score for several years, making it challenging to obtain new credit, buy a home, or sometimes even find employment. It's crucial to weigh these consequences against the relief bankruptcy might provide.

Q5: Can I file for bankruptcy on my own without an attorney?

While it's possible to file "pro se" or without an attorney, the complexities of bankruptcy law, especially concerning student loans, make it advisable to seek professional help. If unsure, it's always a good idea to compare lawyers in your area.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Why Can't I Clear My Student Loans through Bankruptcy in Los Angeles Even When Facing Extreme Financial Hardship?" has been changed 11 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Los Angeles & area of law: Bankruptcy law attorneys.
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Bankruptcy law attorneys

Would you like to find an experienced bankruptcy lawyer near me (you) quickly and for a good price? Generally, bankruptcy law can provide a timeline (arrangement) for the repayment of non-dischargeable personal (corporate) debts. The ability to repay secured debts is valid for both Individuals as well as organizations (governmental and private). Bankruptcy comes in five varieties where each offering different options "settling" with debts.

  1. Chapter 7: Cancelation of unsecured debts (credit cards and personal loans). Bankruptcy law in the United States has changed dramatically in 2005. Liquidation of personal debts under a Chapter 7 is the most common form of debt relief. Most of chapter 7 cases are classified as "no asset".
  2. Chapter 9: Reorganization of municipalities and related local entities sheet (not for Individuals and Corporations). A chapter 9 of bankruptcy law in U.S is very special. It is a form of debt reorganization (not disposal). Remember, it is only avaliable to Municipalities
  3. Chapter 11: This chapter Provides a lot of options to reorganize debt. There are options such as "debt cancellation", repaying some debts for Individuals, etc ...
  4. Chapter 12: Restructuring of debts for Family Farmers is done according to this chapter.
  5. Chapter 13: repayment of some debts over a period of three to five years + reduction on secured debts and their elimination.

Is it better to file for a bankruptcy under Chapter 11, Chapter 12 or Chapter 13? It depends on your case. Your first step should be finding and hiring the best and most affordable bankruptcy attorney near you. Bankruptcy proceedings in the United States are (should be) supervised by District and Bankruptcy Courts governed by the bankruptcy rules (promulgated by the Supreme Court - www.supremecourt.gov)

Photo with muted colors of a dimly lit room in a Los Angeles apartment. Piles of bills, including student loan statements, are scattered across a table. In the foreground, a visibly stressed individual holds their head in their hands, contemplating their financial situation. On the table, there's also a folder labeled 'Bankruptcy Options'. The scene captures the weight of student loan debt and the complexities of bankruptcy laws, highlighting the need for specialized legal guidance.
Photo with muted colors of a dimly lit room in a Los Angeles apartment. Piles of bills, including student loan statements, are scattered across a table. In the foreground, a visibly stressed individual holds their head in their hands, contemplating their financial situation. On the table, there's also a folder labeled 'Bankruptcy Options'. The scene captures the weight of student loan debt and the complexities of bankruptcy laws, highlighting the need for specialized legal guidance....

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