Kansas City Bankruptcy Attorney

Student Loan Bankruptcy in Kansas City, MO

Break Free From The Chains Of Student Loan Debt 

Dealing with the complications of student loan debt can be challenging, especially when faced with financial hardships. In Kansas City, Missouri, individuals burdened by the weight of student loans may wonder about the possibility of seeking relief through bankruptcy. The prospect of pursuing a student loan bankruptcy in Kansas City, MO, raises numerous questions and considerations. 

This article will shed light on the connection between student loans and bankruptcy in Kansas City, MO. We will also explore the challenges and options for those dealing with the financial stress of education debt. It is crucial to dig into the details and understand the rules and exceptions that affect whether student loans can be discharged under bankruptcy laws in Kansas City.

Short Summary: 

  • This article unravels the complexities of student loans and bankruptcy, addressing the challenges faced by individuals in Kansas City, MO, burdened with educational debt.
  • Federal and private student loans come with distinct terms and conditions, impacting the options available for discharge in bankruptcy.
  • The general rule is that discharging student loans through bankruptcy is challenging due to strict federal laws.
  • The exceptions to discharging student loans in bankruptcy, such as the undue hardship standard, the Brunner test, and the overall situation test, provide potential pathways for discharging student loans.
  • If Chapter 7 doesn’t discharge student loans, Chapter 13 offers alternative solutions, allowing reduced payments during the repayment period. 

What are Student Loans? 

Student loans are financial tools designed to assist individuals in funding their education. These loans can be broadly categorized into federal and private loans, each with terms, conditions, and repayment structures.

Types of Student Loans 

Student loans come in various forms, each with its rules and regulations. Understanding the distinctions is crucial for anyone considering bankruptcy in the context of educational debt.

  • Federal student loans: These loans, provided by the government, are often more flexible in terms of repayment. They include Direct Subsidized and Unsubsidized Loans, PLUS Loans, and Perkins Loans. Federal loans typically offer borrower protections and income-driven repayment plans.
  • Private student loans: Offered by banks or private financial institutions, these loans may lack the borrower benefits of federal loans. Private loans often have variable interest rates and fewer options for income-driven repayment.

Do Student Loans Easily Discharge in Bankruptcy?

The general rule is that student loans are not easily dischargeable in bankruptcy.

It is usually hard to erase student loans by declaring bankruptcy. There are strict federal rules that make canceling educational debt challenging. Understanding this sets the stage for dealing with the complexities of money decisions and preparing for the hurdles that might come up.

Are there Exceptions to Getting Rid of Student Loans in Bankruptcy? 

The key is showing that you cannot make enough money to repay your student loans for all the tests.

  • Undue Hardship Standard – Discharging student loans in bankruptcy usually requires proving undue hardship. This legal standard varies but generally demonstrates that continuing to repay the loans would create an unreasonable burden on the debtor and their dependents.
  • Brunner test – Courts often use the Brunner test to assess undue hardship. This test typically considers factors such as the following:
    • debtor’s ability to maintain a minimal standard of living
    • the persistence of financial difficulties
    • good faith efforts to repay the loans
  • The Overall Situation Test – Some courts apply the overall situation test. In this case, the court considers all crucial aspects of your situation to decide if repaying your student loan would be too hard for you.
  • Different Tests for Student Loan Discharge – There are other tests, like one specifically for Health Education Assistance Loans (HEAL). You need to prove that the loan was due over seven years ago, and repaying it would cause an extremely difficult burden on your life. 

Understanding these exceptions provides insight into potential pathways for discharging student loans under bankruptcy. While proving undue hardship remains challenging, knowing these specific cases can be crucial for those seeking relief from the financial strain of educational debt in Kansas City, MO.

What If My Student Loan Does Not Get Discharged in Bankruptcy?

In Chapter 7 bankruptcy, if you cannot show that repaying your student loans would be too hard, you will still have to pay them after your bankruptcy case ends. But in Chapter 13 bankruptcy, there are other options.

For example, if you’re struggling to pay various bills like medical expenses, mortgage, utilities, or credit card debt, bankruptcy is still possible, even if you have student debt. By going through Chapter 13 bankruptcy, you can either eliminate these debts or create a payment plan based on your income to make them more manageable, although you will still be responsible for any remaining balance after your repayment period. This process also halts bothersome creditor calls, wage garnishment, and threats of losing your home.

In simple terms, bankruptcy also gives you some relief by dealing with other debts, allowing you to focus more on repaying your student loans.

Call our Bankruptcy Attorney to Help You Get Rid of Your Student Loan in Bankruptcy! 

Facing the intricacies of student loan debt and bankruptcy can be overwhelming, and at Jeppson Law, we understand the challenges you face. If you are wondering about the possibility of getting rid of your student loan bankruptcy in Kansas City, MO, we are here to guide you.

Discovering that student loans may not be discharged easily in bankruptcy can be disheartening. However, our team at Jeppson Law is focused on providing tailored solutions for individuals in Kansas City, MO, struggling with student loan debt. If you find yourself unable to prove undue hardship or facing the aftermath of Chapter 7 bankruptcy, don’t despair. With Chapter 13 bankruptcy, we can work with you to develop a feasible repayment plan that eases your financial stress.

Don’t let the burden of student loans weigh you down. If you are considering bankruptcy, our experienced attorneys at Jeppson Law will stand by you, offering insights, strategic planning, and relentless advocacy. Take the first step towards financial relief—schedule your free consultation with us today. Your path to financial freedom begins with a conversation – reach out to us now.

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