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Castle Law Office of St. Louis, P.C.

Castle Law Office

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Can My Student Loans be Discharged in St. Louis Bankruptcy?

James R. Brown
President and Principal Attorney at Castle Law Office

Bankruptcy can help you with many different types of debt and creditors, but can bankruptcy discharge your student loans?

In most cases, student loans are not forgiven during any type of bankruptcy process, including Chapter 7 bankruptcy and Chapter 13 bankruptcy. Although in the past student loans would be forgiven during bankruptcy as long as the filer had paid their student loans for seven years, that law was changed several decades years ago.

Currently, the only way to discharge your student loans during the bankruptcy process is to prove undue hardship - that is, that repaying your student loans causes you and your dependents to live below the minimal standard of living. In most cases, undue hardship can only be proven if the person filing for bankruptcy is physically unable to work and provide for their family - and will not be able to provide for their family in the future through earning a wage. In a limited number of cases, a bankruptcy court or bankruptcy judge could discharge part of your student loan debt if you can prove that paying the entire sum would cause undue hardship for you and your family.

Although your student loans will probably not go away when you file for bankruptcy, a Chapter 13 reorganization bankruptcy can help you to possibly lower your payments or to consolidate your student loans with your other debts. With a Chapter 13 bankruptcy, you can include your student loans in your repayment plan and successfully lower the balance owed over the course of your repayment. However, the balance at the end of your repayment plan will still need to be paid.

In general, if the majority of your debt consists of student loans, bankruptcy may not be the right choice for you. However, if student loan debt is part of your larger financial difficulties, declaring bankruptcy may help you reestablish your financial stability and start fresh.


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Chapter 13 Bankruptcy

Are you worried you will lose the home or vehicle you've worked so hard for because of foreclosure or repossession? A chapter 13 may just be the answer you are looking for to help you quickly save your home or vehicle from being taken.

 

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Struggling to pay credit card bills? Not answering the phone because you're tired of hearing from bill collectors? Need options? Contact St. Louis attorney Jim Brown to learn how filing Chapter 7 bankruptcy in Missouri may be able to help. We can stop the harassing phone calls from creditors today.

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Have your hours been cut back because business has been slow or, even worse, have you lost your job? Don’t know how you’re going to pay your bills? Keep a roof over your head? We can help you get your life back. Contact a St. Louis job loss lawyer at Castle Law Office today to learn how filing bankruptcy can help you after loss of employment.

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Motorcycle Accidents

80% of riders involved in a Missouri motorcycle accident are either injured or killed. Those numbers are shocking.

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Workplace Injuries

When you are injured in a workplace accident, one of the challenges you face is how to provide for your family.

Wrongful Death

Wrongful Death

A wrongful death suit may be filed when a person dies as the result of someone else’s negligent, reckless, or intentional act.

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Pedestrian Accidents

Substantial injuries resulting from Missouri pedestrian accidents can lead to long term physical and mental effects for that victim.

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