Helping You Move Forward From Overwhelming Student Loan Debt
Heavy student debt can impact your financial freedom and be a major source of stress. When facing such debt, finding the right path to relief is crucial for your peace of mind and future. I am Victor Mordey, and I am here to help. With over 25 years of legal experience, I serve student loan borrowers in Chula Vista and throughout San Diego County. Turn to the Law Office of Victor Mordey when you need a skilled, ethical California bankruptcy lawyer committed to helping you pursue real student loan debt relief solutions.
Can Student Loan Debt Be Discharged Through A Chapter 7 Bankruptcy?
While many debts can be discharged in Chapter 7 bankruptcy, student loan debt follows a unique set of rules on this front. It can only be discharged if repaying it would cause you undue hardship. This challenging standard applies to a wide range of student loans, including federal, private and parent PLUS loans. If the court finds that undue hardship exists, it may grant a full or partial discharge of your student debt, or modify loan terms. While recent court decisions and policy changes have made it somewhat easier to meet the undue hardship standard, it remains a very difficult process.
Proving Undue Hardship
Three factors courts often consider when determining if student debt creates an undue hardship are:
- Whether the debt prevents you from maintaining a minimal standard of living
- Whether this situation will persist for most of the repayment period
- Whether you’ve made reasonable efforts to pay off the debt
Income and expense statements, employment history records, and correspondence can provide evidence of such factors. I know what it takes to build a strong case for undue hardship and stand ready to help you with every step.
How Do You Seek A Discharge Of Student Debt?
Unlike most other debts, you can’t pursue a student loan discharge directly within your main Chapter 7 case. Rather, you need to initiate a separate lawsuit, called an adversary proceeding, to request such relief. As your debt relief attorney, I can guide you through this unique process, advocating for you from start to finish.
Bankruptcy Alternatives For Addressing Student Debt
If you don’t meet the undue hardship standard or if Chapter 7 isn’t the right fit for your needs, you may be able to pursue alternative options for student loan debt relief. Common types include:
- Income-driven repayment plans
- Loan forgiveness programs
- Refinancing
- Negotiating with your student loan servicer
Each option has pros and cons, and I can help you weigh these carefully to determine the right course of action.
Why Having An Attorney Matters When Seeking Student Debt Relief
Addressing student loan debt struggles can be challenging, and mistakes can have long-term impacts. An attorney can protect your rights and help you avoid common pitfalls. I am ready to give you the support you need to make informed decisions aimed at getting you back on track for a bright future.
Learn More About Your Options
Discover what avenues you have available for seeking to overcome heavy student debt. Reach out to me today for the tailored guidance you deserve. You can schedule a free consultation by calling 619-409-7900 or sending an email.
My firm is a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.