Bankruptcy

Can You Discharge Student Loans in a Chapter 7 if You're an Arizona Bankruptcy Lawyer?

By Joseph McDaniel, Esq.

I always try to be polite, and I thank them for the information.

And after all, it's not that hard. All the debtor has to show to discharge a student loan is that ?will impose an undue hardship on you and your dependents.?

There are a series of tests used in connection with the analysis of student loans and whether they are subject to discharge; they differ a bit from jurisdiction to jurisdiction.

I use a test that I've found extremely accurate.

I count the arms, legs, and heads of the debtor who wants to discharge the student loan.

If the total number is two or less, getting rid of the student loan should be no trouble.

And that's almost not a joke.

The threshold that you must meet to get rid of student loans is crazy high.

I've gotten several student loans discharged for clients.

You would not have wanted to have been those individuals; they had real, actual problems.

Not virtual problems.

NOTHING HERE CONSTITUTES LEGAL ADVICE RE A CHAPTER 7, CHAPTER 13, CHAPTER 11, OR CHAPTER 12. FIND AN ARIZONA BANKRUPTCY LAWYER WHO IS BOARD CERTIFIED IN BANKRUPTCY LAW, AV RATED, AVVO 10 RATED, ON SUPERLAWYERS, OR JUST VERY EXPERIENCED AND A FORMER CHAIR OF SOME BANKRUPTCY SECTION OR COMMITTEE. NOTHING HERE MAY BE USED AS LEGAL ADVICE IN CONNECTION WITH ANY BANKRUPTCY, WHETHER THAT BANKRUPTCY IS IN PHOENIX, GLENDALE, TEMPE, MESA, SCOTTSDALE, OR ANYWHERE ELSE.

Full post as published by Arizona Bankruptcy Attorney Blog on May 11, 2010 (boomark / email).