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(330) 409-2876 or (877) 505-9455
FREE Debt Relief Consultation Call (330) 409-2876 or (877) 505-9455
Sheppard Law Offices
TALK TO AN OHIO BANKRUPTCY ATTORNEY TODAY (330) 409-2876
Large student loan debts are often cited as part of the financial burden leading to filing for chapter 7 or chapter 13 bankruptcy. While student loan debts are similar to other unsecured debts like credit cards or personal loans, in that there is no collateral for the lender to repossess, in 1976 Congress prohibited the discharge of federally guaranteed student loans through bankruptcy for the first five years, with the exception of conditions of undue hardship. The Bankruptcy Amendments and Federal Judgeship Act of 1984 added private student loans to this exemption from bankruptcy.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 modified bankruptcy code to allow discharge of student loans only in the case that the debtor is able to prove that repayment of the student loans would cause undue hardship.
Criteria commonly used by courts to determine “undue hardship”:
- The borrower is unable to maintain a minimal standard of living for themselves and their dependents.
- The situation or circumstances leading to this hardship are unlikely to change for all or most of the repayment period.
- Good faith effort has been made to repay the student loans.
Even if you don't meet the specific circumstances to discharge student loans in a bankruptcy, it doesn't mean that bankruptcy should not be considered if you are struggling with high student loan debt. We understand that the situation of each individual and family is different, therefore it is important to review your specific student loan debt and financial circumstances with an Akron-Canton Ohio bankruptcy attorney who is experienced in helping those suffering from overwhelming student loan debt. Even if you don't qualify to have your student loan debt discharged through chapter 7 or chapter 13 bankruptcy, it may be worth consideration since discharge of other financial burdens may provide the opportunity to put yourself into a good financial situation. Additionally, student loan providers have numerous resources available to allow borrowers to get caught up on their student loan payments, as well as deferments, forbearance, and income based repayment plans.
High Student Loan Debts can also be managed and delayed through Chapter 13 Bankruptcy. Since student loan payments are often incorporated as part of the repayment plan, you may pay a significantly lower amount or possibly nothing at all toward the student loans during the chapter 13 bankruptcy repayment period, which could be as long as five years. The bankruptcy filer then continues to repay the student loans after the Chapter 13 bankruptcy repayment plan has completed, at which time they could anticipate to be in a much better financial situation.
In addition to being a bankruptcy lawyer, Akron-Canton Ohio attorney Ken Sheppard, Jr. helps clients with debt relief options that may be available to help reduce or eliminate student loan debts. These options may include loan modification or consolidation of the student loan debts. As a debt relief attorney, we can help you to determine if you qualify for additional federal sponsored plans such as Income Based Repayment (IBR), which limits the total amount of your monthly payment based on your taxable income.
If you are facing debt problems due to overwhelming student loan payments, bankruptcy may be an option to help you to get out of debt. Canton, Ohio Bankruptcy Attorney Ken Sheppard, Jr. works with individuals and families to relieve student loan and other debts, including filing for consumer bankruptcy. Contact our bankruptcy filing office in Canton, Ohio for a free initial consultation.
Sheppard Law Offices
Canton, Ohio Office
Belden Village Tower, 200
Canton, Ohio 44718
Tel: (330) 409-2876
Columbus Ohio Office
2600 Tiller Lane, Suite A
Columbus, Ohio 43231
Tel: (614) 523-3106
Newark, Ohio Office
843 N. 21st Street, Suite 108
Newark, Ohio 43055
Tel: (740) 345-7138
Mt. Vernon, Ohio Office
11 West Gambier Street
Mt. Vernon, Ohio 43050
Tel: (740) 392-0404
We are a debt relief agency. We help people file for protection under the U.S. Bankruptcy Code.
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Sheppard Law Offices, LPA is conveniently located and serving chapter 7 and chapter 13 bankruptcy clients in Canton, Ohio. Our office is a short drive from throughout Stark, Tuscarawas, and Summit Counties. We regularly provide debt relief solutions to clients from Akron, Canton, North Canton, Massillon, Dover, New Philadelphia, Alliance, Navarre, Strasburg, Ballivor, Jackson Township, Canal Fulton, Barberton, Greenlawn, Medina, Wooster, Orrville, Dalton, Minerva, Ashland, Wadsworth, Carrollton, Dundee, Millersburg, Hartville, Doylestown, Green, Uniontown, Salem, Columbiana, Uniontown, and throughout Ohio.