Student Loans and Bankruptcy

Our attorneys want to help you

Many people obtain student loans to finance going to college, graduate school or another form of higher education. Due to the high cost of higher education, many student loans can be worth hundreds of thousands of dollars.

And while every student plans to pay back their loans in a timely manner, circumstances sometimes occur that make it impossible to make monthly loan payments. Then suddenly, many students find themselves far behind on their payments.

When these situations occur, many people file for bankruptcy. Doing so is never an easy decision. That's why we want to help guide you through this challenging process. At Benjamin R. Matthews and Associates, LLC, our South Carolina bankruptcy attorneys can help you every step of the way.

Common legal issues

There are so many different legal issues that people need to consider when filing for bankruptcy due to student loans. These include:

• Whether you can actually file for bankruptcy and not be obligated to pay back your student loans.
• Proving "undue hardship," a legal term often used in bankruptcy proceedings.
• Proving you have tried to pay back your student loans but honestly could not do so.
• Proving you cannot pay back your student loans based on The Bruner Test, a standard form of evaluating economic hardship used by many courts.
• Having your student loans partially discharged, fully discharged or restructured.
• Dealing with the U.S. Department of Education's Federal Student Aid office.

Whatever legal issues you're dealing with, no matter how complicated or straightforward they might seem, we'll be there for you every step of the way.

Your rights matter

Student loans and bankruptcy can be a very complicated combination. In many cases, even if you do successfully file for bankruptcy, there's no guarantee that you will have your student loans forgiven. In most cases, you will still need to pay back the money you borrowed to go to college.

Put your trust in a law firm that puts your needs first. Contact us and schedule an appointment today. We thoroughly understand South Carolina's bankruptcy laws and know what needs to be done to make things right.