Student Loan Discharge in Bankruptcy: Navigating Adversary Proceedings
Student loans can create a substantial financial burden, and discharging them in bankruptcy is notoriously difficult due to strict requirements. At Ault Law Office, LLC, we understand the complexities of student loan debt and are committed to guiding you through the bankruptcy process, including adversary proceedings for loan discharge.
What is an Adversary Proceeding?
In bankruptcy, an adversary proceeding is a separate lawsuit within your bankruptcy case, specifically required when seeking a discharge of federal or private student loans. This process involves demonstrating "undue hardship," a high standard in bankruptcy courts. Unlike other debts, which are automatically discharged in Chapter 7 or Chapter 13 bankruptcy, student loans require this additional legal step.
Proving Undue Hardship
Courts typically apply the "Brunner Test" to assess undue hardship, which requires showing that:
1. You cannot maintain a minimal standard of living if forced to repay the loans.
2. This hardship will likely persist for a significant portion of the repayment period.
3. You have made good faith efforts to repay the loans.
Each case is unique, and a strong argument for undue hardship often involves a thorough analysis of your financial history, employment situation, and future outlook.
Why Choose Ault Law Office, LLC for Student Loan Discharge?
With years of experience in adversary proceedings, we offer compassionate, strategic representation tailored to your situation. We’ll help you navigate each step, from filing the initial complaint to gathering evidence, to representing you in court.
If you’re considering bankruptcy as a path to managing your student loan debt, contact us for a consultation. We’ll assess your case, answer your questions, and discuss the possibility of reducing or eliminating your student loan debt through adversary proceedings.
Why Choose Ault Law Office, LLC for Student Loan Discharge?
With years of experience in adversary proceedings, we offer compassionate, strategic representation tailored to your situation. We’ll help you navigate each step, from filing the initial complaint to gathering evidence, to representing you in court.
If you’re considering bankruptcy as a path to managing your student loan debt, contact us for a consultation. We’ll assess your case, answer your questions, and discuss the possibility of reducing or eliminating your student loan debt through adversary proceedings.