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Student Loan Discharge

Student Loan Discharge Expert in Ogden, Utah

Godfrey Law can help you get a fresh start

Close to 44 Million Americans are into debt due to student loans, and many are looking for relief.

Based on stats from the Consumer Financial Protection Bureau, over 5 million individuals have defaulted on their student loans or are behind with their payments.

The good news is… there are ways to get your student loans discharged or forgiven. You just need to find out the conditions for eligibility.

Student Loan Discharge

Many people believe that it is impossible to get rid of student loans in bankruptcy. It may be difficult, but it is not impossible.

Our team at Godfrey Law has helped many Utah clients get a discharge on student loans in chapter 7 and 13 bankruptcy cases.

A Student Loan Discharge applies in catastrophic cases which include death, total and permanent disability, bankruptcy, school closure, fraud, disaster situations and severe physical and mental impairments.

Student Loans can be discharged In Bankruptcy when:

  • You file a bankruptcy or reopen an old bankruptcy
  • You establish that repayment of student loans would cause undue hardship
  • You file a complaint against a student loan creditor

The discharge of student loans is allowed under the Bankruptcy Code Section 11 U.S.C. 523 (a)(8) for both Chapters 7 and 13 Bankruptcies. This section states that student loans are non-dischargeable unless repayment of the loans would result in “undue hardship” for the debtor.

There is no definition of undue hardship in the Bankruptcy Code, so bankruptcy courts are tasked to establish whether it exists in a particular case.

In Utah, student loans are discharged if you meet the required elements found in a test called the “Bruner Test.”

The 3 elements that you need to establish in the Bruner Test are:

  • The debtor can’t maintain a minimal standard of living
  • Situations present during the time of filing are likely to persist
  • The debtor has made an effort to repay the student loans in good faith

Experience with Student Loan Discharge

We have been handling Student Loan Discharge cases for Utah residents since 1984. That’s a ton of experience in helping students get through every scenario you can think of.

We would love to share information on the process that may help you make major decisions.

The legal paperwork and stress can be daunting when filing for a student loan discharge. We can ensure that filing is done correctly.

Filing mistakes can cost you more in the long run. You need professional help to navigate the whole process so you can get back on your feet once more.

Why not leave all the legwork with us?

Godfrey Law Advantage

  • Free consultation
  • Best rates in Utah
  • Trusted
  • Reliable
  • Accurate advice
  • Full assistance
  • Free evaluation
  • Over 3 decades of experience
  • Strict with confidentiality

We have an advanced technology-driven process management system in place that leads to the best results at lower costs.

Don’t let debt issues control your life.

Let’s talk! Allow us to help you get a fresh start!

Give us a call, or send us a message on our website.