West Palm Beach Student Loan Lawyer
Are you having trouble paying your student loans? Are you having trouble paying any or all of your bills? If so, bankruptcy might be the best option for your financial situation. However, is it possible to have your student loans forgiven? It is possible to have your student loans discharged when filing for bankruptcy. But first, be sure to consult with West Palm Beach student loan lawyer Brian K. McMahon, P.A., about your case.
Discharging Student Loans Via a Bankruptcy Filing
Most people are unable to discharge their student loans via a normal bankruptcy filing, though it is still possible to achieve for some. It can be done by filing for an adversary proceeding, which will take place as a smaller trial within the overall bankruptcy filing you submit.
You Must Undergo an Undue Hardship Test
In order to have your student loans forgiven when filing for bankruptcy, you will need to undergo an undue hardship test. The undue hardship test is known as the Brunner Test. In order for the judge to decide whether or not your student loans will be discharged, your application will need to show the following:
- Good faith effort: You will be required to prove to the court that you made a good faith effort to repay your student loans prior to filing for bankruptcy
- Persistence of your financial situation: You will need to show the court that your current financial situation will only continue and not improve
- Impoverishment: You will need to show the court that you will be unable to maintain a positive standard of living for yourself and your dependents if you are required to continue making payments on your student loans
It can be challenging to meet all three Brunner Test requirements, but a West Palm Beach student loan lawyer can help you build a case to present to the judge. It is important to note that you must be able to prove all three areas of the undue hardship test, not just one of them, in order to have your student loans discharged when filing for bankruptcy.
How a Student Loan Lawyer Can Help You
A West Palm Beach student loan lawyer can help you with all of the following:
- Handle all your credit disputes
- Protect you from unfair practices of debt collectors
- Resolve defaults or delinquencies
- Provide insight and guidance regarding your finances
- Communicate on your behalf with creditors and other entities
- Represent you in court
Do not assume that student loans cannot be forgiven. There are circumstances in which you can have your student loans discharged, and you will only know what they are by speaking to a student loan lawyer.
Call a West Palm Beach Student Loan Lawyer Today
Do you have questions about student loan forgiveness and bankruptcy? Brian K. McMahon, P.A., is an empathetic, compassionate West Palm Beach student loan lawyer who can evaluate your financial situation. Call the office today to schedule a consultation in West Palm Beach, Port St. Lucie, Boca Raton, and all South Florida.