People often cannot get a job in their field that pays enough for them to be able to make their student loan payments.
St. Louis, MO (PRWEB) August 26, 2014
The Class of 2014 earned a special distinction along with their college diplomas. The average college grad left school with $33,000 in student loan debt this year, making the Class of 2014 the most indebted graduating class to date, according to a recent Wall Street Journal article.
Charles H. Huber, St. Louis Bankruptcy Attorney with the Law Office of Charles H. Huber, says he sees many clients whose student loan debt significantly contributes to their total amount of debt that prompts them to file bankruptcy.
"People often cannot get a job in their field that pays enough for them to be able to make their student loan payments," Huber says. "Unfortunately, student loans are not dischargeable in Chapter 7 and Chapter 13 bankruptcies, unless the person filing bankruptcy can demonstrate undue hardship. This applies regardless of whether the loan comes from the federal government, or if it is from a private institution."
If one is truly unable to make their student loan payments each month, however, there are ways to demonstrate financial hardship to a bankruptcy court, according to Huber.
"It is not enough to show the ordinary financial hardship that everyone filing bankruptcy experiences," he says. "You have to show a significant mental or physical disability of an ongoing nature that makes it unlikely that you will be able in the future to pay off the debt. It is worth noting, however, that the 'undue hardship' can apply to the person filing, or a dependent of the filer."
Huber says it's also important for people to understand that a bankruptcy court cannot determine that a percentage of a student loan is dischargeable in a bankruptcy -- it must be the full loan amount.
"It is an all or nothing decision for each loan a person has," Huber says. "If the filer and his or her lawyer think they have an argument for undue hardship, they should start with trying to have the largest loan discharged, and work their way down from there."
The Law Office of Charles H. Huber is a St. Ann, Missouri-based private law practice that provides legal services to clients with bankruptcy and traffic issues. With over 30 years of experience, the Law Office of Charles H. Huber has consistently helped clients successfully resolve their legal issues. Charles H. Huber is a member of the Missouri State Bar Association. For more information on the Law Office of Charles H. Huber, please call 314-298-0305, or visit http://www.charleshuberlaw.com.