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Understanding the New Student Loan Repayment Plan and Navigating Bankruptcy: Why You Need an Attorney

by | Sep 22, 2023 | Bankruptcy

Student Loan Debt and Bankruptcy

Student loans have undergone significant changes, particularly with the introduction of the “SAVE” plan (Saving on a Valuable Education). As over 28 million federal student loan borrowers prepare to restart their payments, many are left wondering how this intersects with bankruptcy considerations. We hope to shed light on the evolving landscape of student loans, the intricacies of bankruptcy, and the undeniable value of having an attorney to guide you through this often stressful consideration.

The Dawn of a New Era: Introducing the SAVE Plan

Before we delve deep into the relationship between student loans and bankruptcy, it’s essential to have a grasp of the recent changes brought about by the SAVE plan. This new approach to student loan repayment brings several benefits:
Reduced Monthly Payments: Many borrowers will find their monthly obligations significantly lowered, with some low-income borrowers even qualifying for a $0 monthly payment.

Interest Accumulation: Previously, interest on unpaid amounts could balloon a borrower’s debt. With the SAVE plan, this is no longer a looming threat, provided minimum payments are met.
Potential Balance Reduction: Depending on a borrower’s earning trajectory, there could be a considerable reduction in loan balance at the end of the repayment period.

The Tangled Web of Student Loans and Bankruptcy

Historically, the task of discharging student loans during bankruptcy has been an uphill battle. Bankruptcy can offer a respite from numerous debts, but when it comes to student loans, the bar is set extraordinarily high. Borrowers are required to prove “undue hardship” – a term that is legally dense and challenging to establish. For the vast majority, student loans cannot be discharged in bankruptcy. The introduction of the SAVE plan might offer some relief, but the path remains intricate.

Why it’s Important to Consult a Bankruptcy Attorney

1. Decoding “Undue Hardship”: This term, central to discharging student loans, is laden with legal nuances. A seasoned attorney can meticulously guide you, ensuring every facet of your case is compellingly presented. It’s important to understand that student loans are rarely, if ever, discharged or reduced in bankruptcy.

2. Unraveling the SAVE Plan: The SAVE plan, while beneficial, carries its own set of regulations. An attorney can break down these guidelines, helping you discern how the SAVE plan might intersect with bankruptcy considerations. You are also encouraged to speak with your financial and tax professionals about your unique situation.

3. Safeguarding Your Rights: Bankruptcy is a vast legal domain. An attorney ensures you’re not only aware of your rights but that they’re staunchly protected.

4. Assurance and Confidence: The journey through bankruptcy and student loan considerations can be tumultuous. An attorney offers stability, ensuring you’re grounded in knowledge and confidence.

Local Expertise for Tailored Solutions
Being a small local law firm, we pride ourselves on understanding the unique challenges our community faces. Our mission is to offer guidance that’s not just tenured in expertise but also personalized. Whether you’re on the verge of bankruptcy or are grappling with student loan debt, we’re here to assist. Together, we can chart a course through these challenging terrains.

With student loans evolving and the complexities of bankruptcy ever-present, it’s vital to be armed with the right knowledge and expertise. Consulting with an attorney offers more than just legal advice; it provides a roadmap to a more secure financial future. While the journey may appear daunting, with expert guidance, a brighter horizon is not just a possibility.

Ohio & Kentucky Residents Can Get A Fresh Start

Please call our office at 513-241-6650 for a free initial consultation. You may also contact us online.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.