Live Chat Software

Call us Today to Set Up A
Free Case Evaluation

Call Us Today To Set Up
A Free Case Evaluation

Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys

Get The Fresh Start You Deserve

Levitt & Slafkes, P.C. - Essex County Bankruptcy Attorneys
GET THE FRESH START YOU DESERVE

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us virtually. Please call our office to discuss your options.

COVID-19 Information 

Bankruptcy &
Debt Relief For
Individuals and
Businesses

Chapters 7, 11
and 13

FIND OUT MORE

Foreclosure
Defense &
Mortgage
Litigation

Saving Homes
Fighting Banks

FIND OUT MORE

Loan
Modifications

Preventing
Foreclosure

FIND OUT MORE

Commercial and 
Bankruptcy
Litigation

State Federal &
Bankruptcy Court

FIND OUT MORE

Bankruptcy & Debt Relief For
Individuals and Businesses

Chapters 7, 11 and 13

Find Out
More

Foreclosure Defense &
Mortgage Litigation

Saving Homes Fighting Banks

Find Out
More

Loan Modifications

Preventing Foreclosure

Find Out
More

Commercial and Bankruptcy
Litigation

State Federal &
Bankruptcy Court

Find Out
More

Coping With Student Loan Debt In Bankruptcy

When filing bankruptcy, many people want to know if they can discharge their student loans. The short answer is “no.” Generally speaking, if you have student loans, you do have to pay them. After your bankruptcy is completed, loan companies can come after you for the money you owe. There are a few, very limited circumstances in which a person can discharge his or her student loans.

The attorneys at Levitt & Slafkes, P.C., in Maplewood, New Jersey, are prepared to answer your questions related bankruptcy and student loan debt. Our team has more than 30 years of experienced helping clients. Knowledgeable, skilled and understanding, we are ready to guide you.

Courts Consider ‘Hardship’ Circumstances

Generally, neither federal nor private student loans can be discharged during bankruptcy. However, the question “Can I discharge student loans?” comes up frequently. The courts will consider discharging student loans under certain “hardship” circumstances, including:

  • Based on current income and expenses, the debtor is unable to maintain a minimal standard of living if forced to pay back the student loans.
  • The debtor’s circumstances are unlikely to change during the life of the loan because of circumstances beyond his or her control.
  • The debtor has made good-faith efforts to pay the loan.
  • There are other relevant facts or circumstances.

If you try to discharge your student loans in a Chapter 7 bankruptcy, you must prove to the court that you cannot pay them and will not be able to pay them. This is difficult to do. Our lawyers have decades of experience dealing with the bankruptcy courts. They will tell you whether your circumstances can be considered genuine hardship and, if so, how to proceed.

We Can Help You Find A Solution; Call Now

In our more than 30 years of practice, the attorneys at Levitt & Slafkes, P.C., in Maplewood, New Jersey, we have helped thousands of state residents discharge their debt. We know bankruptcy law and how to use it to find the ideal solution to your debt problems. We will help you get back on track in your financial life. Contact us to schedule a free initial consultation with one of our Essex County debt relief attorneys. You can reach us by filling out our online form or by calling our office at 973-323-2953.

  • Avvo Rating 10.0 Superb Top Attorney Bankruptcy
  • Avvo Rating 10.0 Superb Top Attorney Foreclosure
  • NACBA National Association of Consumer Bankruptcy Attorneys
  • Essex Countys Top Lawyers 2018