Student Loans And Debt in the USA

  • Student loan discharge

Student Loan Debt Discharge and Bankruptcy

Student loans and debt in the USA are shaping into an enormous cloud that is surpassing the credit card debt with a wide leap. Credit card debt scores around $680 million while student debt touches far above the $ 1 Trillion mark. The fingers are pointed towards the slowdown in the job market since 2008. The newly grads struggle for jobs and are not able to secure one hindering them to clear the debt. They can in other cases of debt, surrender, but the student loan cannot be diffused, and the students must pay without refute.

Circumstances when loans can be discharged

There are no viable options wherein a student can request for loan discharge. The court can consider the case only under a very difficult situation faced by the student. The student must justify their case and proof of suffering and facing an utmost difficult situation and lifestyle. The student, however, can benefit and make their case strong if they have been undertaking high-potential jobs in-between and after school. Not being able to secure a job after completing graduation, with a string of underscored jobs during the graduation period not only makes up for a poor case but also escalates the debt.

Such a student when declares bankruptcy; the court may not be lenient. The court scrutinizes the student’s past, present and future financial scenario, and the means by which the student will be able to clear their loans. It’s only under dire circumstances when the student must suffer enormous hardship to clear its debt does the court yields. You can visit Recovery Law group that help students to analyze and file a petition in the court for the discharge of loan due to bankruptcy.

Be honest

The students must be honest in presenting the case. Some students just look for an excuse to get through the debt. However, the court scrutinizes your case prudently; and hence in no circumstances, the students must go about carelessly. When a student files a petition in court for the discharge of loan; the court may take into consideration the following points.

  1. Financial resources

The court may consider the financial situation of the student in the past, present, and future. What is the scope of securing a job and how the student is managing the daily expenses? What is the scope of future income? According to the students’ knowledge and degrees can they secure a job in the future? After examining these parameters, the court can issue a favorable decision.

In the past, was the student conscious of clearing the loans. The student can make efforts by taking part-time jobs during their education and summer jobs during the vacations. Such efforts fairs well with the court.

  1. Lifestyle

The sincere effort of the student to save money to clear loans by minimizing and living on necessities is crucial to bring the decisions in the students’ favor. Many a student may not show a sincere effort and may live carelessly. The court considers the student’s lifestyle during the educational tenure and after the completion when they are not able to secure the job. The student may have to shift to a low maintenance, smaller living space in a less expensive area to save the overall expenditure.

  1. Other determinants

The student may suffer from some undue and uncontrollable circumstances that may stall their process of loan repayment. Circumstances like-

  • Medical expenses during or after graduation.
  • Any physical disability or accident, which may prevent the student to take up the job.
  • What is the future prospect of the accident? The timeframe within which the student may recover or may not throughout their lifetime.
  • Initiation to clear few installments of the loan.
  • The proportion of the loan to be cleared.

Student loans are challenging to pay, but they are the means to the end. They are valuable resources that are necessary to harness the students ‘potential and get a decent life.  However, falling in debt and not able to execute a proper plan to clear the loans defeats the mere purpose of student loans i.e. enhancement of life. The student needs to justify his case of a very genuine excessive hardship, which is a very thin window to slide through. However, you can call this number (888-297-6203) for help and guidelines.