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Can Chapter 13 bankruptcy assist with student loan debt?

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Can Chapter 13 Bankruptcy Help Me Manage My Student Loan Debt?

If you’re burdened with student loan debt, you might be exploring various options for relief. One such option could be filing for Chapter 13 bankruptcy. While traditionally, student loans have been difficult to discharge in bankruptcy, Chapter 13 can provide a way to manage these debts more effectively, even if not completely eliminating them.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy, often referred to as a wage earner’s plan, allows individuals with regular income to develop a repayment plan for all or part of their debt. Under this chapter, debtors propose installments to creditors over three to five years. For those facing overwhelming student loan debt, Chapter 13 bankruptcy can offer a structured plan to catch up on or manage these debts.

How Does Chapter 13 Bankruptcy Treat Student Loan Debt?

In a Chapter 13 bankruptcy, student loans are typically treated as nonpriority unsecured debts, similar to credit card debts or medical bills. This means they are included in the repayment plan, allowing you to make more manageable payments toward your student loans over the life of the bankruptcy plan. However, unless you successfully argue for an undue hardship discharge, the student loans will still remain after the bankruptcy has concluded.

What Are the Benefits of Including Student Loans in Chapter 13 Bankruptcy?

Including your student loans in a Chapter 13 bankruptcy plan can provide several benefits:

1. Deferred Payments: During the bankruptcy plan period, you may not have to pay the full monthly amount due on your student loans.
2. Reduced Interest Accumulation: Depending on your specific plan and situation, the interest that accrues on your student loans during the Chapter 13 plan might be lower than usual.
3. Automatic Stay Protection: Filing for bankruptcy invokes an automatic stay, which can stop collection actions on all your debts, including student loans, for the duration of your bankruptcy case.

Can I Discharge Student Loans in Chapter 13 Bankruptcy?

Discharging student loans in bankruptcy is difficult and rare, but not impossible. You would need to prove that your student loan repayments would impose an undue hardship on you and your dependents. This usually requires a separate action within your bankruptcy case known as an adversary proceeding. The standards for undue hardship can vary but generally require proving that you cannot maintain a minimum standard of living if forced to repay the loans, that this situation is likely to persist for a significant portion of the repayment period, and that you have made good faith attempts to repay the loans before filing bankruptcy.

What Should I Consider Before Filing Chapter 13 for Student Loans?

Before deciding to file for Chapter 13 bankruptcy to manage your student loans, consider:

– The Length of Your Repayment Plan: Understand that while Chapter 13 can provide temporary relief, it typically lasts three to five years, and you will likely still owe on your student loans at the end of your plan unless you obtain a hardship discharge.

– The Impact on Your Credit: Your credit score can be significantly and negatively impacted by filing for bankruptcy.

– Legal Costs: Weigh the costs of filing for bankruptcy, including attorney fees and court costs, against the relief it may provide.

How Can an Experienced Bankruptcy Attorney Help?

Navigating the complexities of bankruptcy and understanding how it affects student loan debt can be challenging. An experienced bankruptcy attorney can:

– Evaluate Your Financial Situation: Provide a thorough assessment of your financial situation and whether Chapter 13 bankruptcy is a suitable option for managing your student loan debt.

– Guide You Through the Filing Process: Help you understand the paperwork, deadlines, and procedures involved in filing for Chapter 13 bankruptcy.

– Represent You in Court: Advocate on your behalf in bankruptcy court and possibly in an adversary proceeding if you seek to discharge student loans due to undue hardship.

– Advise You on Long-Term Financial Planning: Help you understand the long-term consequences of bankruptcy and plan for a stable financial future post-bankruptcy.

Student loans can be a tremendous burden, and while Chapter 13 bankruptcy might not offer a complete solution, it can provide meaningful relief and a structured path to managing your debt.

If you’re considering bankruptcy as an option to manage your student loan debt in California, consult with an experienced attorney who can help you navigate the process and determine the best course of action for your financial situation.

Remember, every financial and legal situation is unique, and a consultation with a knowledgeable bankruptcy attorney can provide you with advice and strategies tailored to your situation. If you’ve been contemplating how to handle overwhelming student loan debt, don’t hesitate to reach out for professional guidance.

If you have been struggling with student loan debt and are considering your legal options, including Chapter 13 bankruptcy, call the Resolve Law Firm today at (213) 583-5547 for a free case evaluation! An experienced attorney can help you explore the paths available for financial relief and recovery.

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