Student Loans

Because of the complex nature of student loan discharge, it’s essential to consult with a bankruptcy attorney who is also a student loan lawyer. A student loan debt attorney in Maryland familiar with both areas of law can help assess your eligibility for discharge or other relief options.

You’ll need to file either a Chapter 7 or Chapter 13 bankruptcy case. Each has distinct rules and benefits. Chapter 7 may offer a full discharge if you meet the undue hardship standard, while Chapter 13 allows for structured payment plans and potential debt relief over three to five years.

To pursue a discharge, your student loan attorney will file an adversary proceeding—an official lawsuit within the bankruptcy—to challenge the non-dischargeability of your student loans.

To successfully discharge student loans, you must show the court that:

• Repayment would prevent you from maintaining a minimal standard of living,
• Your financial hardship is likely to persist, and
• You’ve made good-faith efforts to repay the loans.

Your case must include detailed documentation: income, expenses, repayment history, medical conditions (if applicable), and other financial information.

You and your student loan lawyer may need to appear before a bankruptcy judge to present your case. Your loan servicer will have the opportunity to oppose the discharge.

The bankruptcy judge will issue a ruling based on the evidence presented or through an agreed stipulation with the Department of Education or private loan holders. A private student loan attorney can be critical if your debt includes non-federal loans.