Getting Ready to Have Your Student Loans Discharged in Bankruptcy

Are you ready for student loan payments to resume? If not, you are certainly not alone. Borrowers throughout Florida are experiencing anxiety about the restart of student loan payments, and many are wondering if new guidelines could mean that it is possible to have their student loan debt discharged in a bankruptcy case. If you are not already aware of the new guidelines, back in November 2022, the Department of Justice (DOJ) released new guidance clarifying how debtors’ financial information would be assessed and how DOJ attorneys would recommend a discharge. In short, the new guidance was designed to make the process of discharging student loans in bankruptcy less complicated for debtors across the country.

If you are considering bankruptcy or you are planning on filing for bankruptcy, and you are intending to seek a discharge of your student loans, what do you need to know in order to prepare yourself? Consider the following tips from a bankruptcy lawyer in West Palm Beach.

Understand How the Process Has and Has Not Changed 

First, it is important to understand how the process of discharging student loans in bankruptcy both has and has not changed. The “undue hardship” requirement still exists, which means that debtors will still need to show that continuing to make payments on their student loans would impose an undue hardship. However, the process for determining whether the debtor has met that requirement has changed. Now, the debtor will include all relevant information in an “attestation form” that will be reviewed by the DOJ and Department of Education (DOE), and the DOJ and DOE will make a recommendation to the bankruptcy court based on the material contained in the attestation form.

Familiarize Yourself with the Attestation Form 

Next, familiarize yourself with the attestation form and the information you will need to supply.

Gather Financial Documents and Other Materials

 Gather all relevant financial documentation and other related materials that you will need to complete the attestation form fully. You will need income information (such as pay stubs and W-2s or 1099s), documentation of previous attempts to manage your student loan debt, evidence of your disabling condition (if it applies to you), evidence of your expenses, and more.

Talk with a Bankruptcy Lawyer 

If you are getting ready to seek a discharge of your student loans in a bankruptcy case, it is critical to work with an experienced lawyer. Even though the process has become more streamlined and simplified, you will still need to go through a separate adversary proceeding and will need to meet all requirements in order to be eligible for a discharge. An attorney with experience handling bankruptcy cases involving student loans can help you.

Contact Our West Palm Beach Bankruptcy Attorneys 

Discharging student loans in bankruptcy has become significantly less complicated, and you may be eligible to receive a full or partial discharge of your educational loans by filing for bankruptcy in South Florida. One of the experienced West Palm Beach bankruptcy lawyers at Kelley, Kaplan & Eller is here to talk with you today about your circumstances and to advise you about moving forward with a bankruptcy case and seeking to have your student debt discharged. Do not hesitate to get in touch with us to find out more about the tools and experience we have to help you with student loan debt in your bankruptcy case.

Sources:

law.cornell.edu/uscode/text/11

justice.gov/civil/page/file/1552676/download