Student Loans

Helping Clients Reduce or Eliminate Student Loan Debt

Student Loan Attorney in Savannah

Millions of individuals have financed their higher education through student loans. Currently, U.S. student loan debt has exceeded 1.7 trillion dollars. As an investment in your future, this is often a good idea. Student loan payments can become difficult to manage if you struggle to secure a suitable job or face unexpected financial hardships.

Falling behind can escalate debt to unsustainable levels. A student loan debt attorney can provide critical guidance. Whether you’re seeking relief, repayment strategies, or legal solutions, a skilled student loan lawyer can help you regain control and explore viable options for managing your financial situation.

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Expert Legal Advice for Debt Relief

Protect Your Financial Future With Help of Student Loan Attorney Georgia​

If you are struggling with student loan debt, it’s crucial to seek advice from a trusted student loan forgiveness attorney. At the Law Offices of Mark A. Bandy, PC, we focus on debt relief and offer personalized guidance for managing overwhelming financial situations. 

Attorney Mark A. Bandy has more than 20 years of experience in dealing with all possible debt situations and the fallout they bring to your life. Getting answers is only a phone call away. We recommend you reach out to our firm for the help you need.

Contact our firm today at (912) 509-7015 for a free case evaluation or reach out online to speak with a skilled lawyer for student loans.

Discharging Student Loans in Bankruptcy

How to Prove Undue Hardship for Student Loans

Under the U.S. Bankruptcy Code, a student loan debt may be dischargeable if its continued payment after bankruptcy will cause “undue hardship” on you and your dependents. As “undue hardship” can vary widely depending on a person’s circumstances, the bankruptcy courts will often use the Brunner Test to determine if your student loans are eligible for a bankruptcy discharge.

Under the Brunner Test, you must demonstrate the following:

  • Your current income and expenses you cannot maintain a minimal standard of living if you are obligated to repay your student loan
  • Other circumstances also are in play that show that the above will likely continue for most of your repayment period
  • You have, in the past, shown good faith in making payments on your student loan

Bankruptcy courts may vary in applying this test. If you’re navigating this process, the best student loan debt lawyer can help build a strong case for your situation.

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Preparing for Student Loan Discharge

Important tips for proving undue hardship include

  • Keep records of your student loans and all related paperwork
  • Collect documentation of your expenses, such as rent payments, medical bills, or receipts for groceries
  • Create a list of your debts and monthly payment obligations
  • Save and show all evidence of communication with your lender

If you can prove undue hardship, your student loan may be reduced or eliminated. You may be more likely to obtain a student loan discharge if you are disabled or over 50.

Declaring Undue Hardship

To potentially receive a student loan discharge, you will need to file bankruptcy under Chapter 7 or Chapter 13. You will also need to file an additional petition for what is called an “adversary proceeding.” This complaint will allow you to outline your case of undue hardship.

Understanding Asset Exemptions

Ways to Reduce Student Loan Debt

Bankruptcy and undue hardship is a solution in cases where you have tried and exhausted other options. For federally-funded student loans, you may qualify for a loan forgiveness program or for an income-driven repayment plan. These plans offered by the federal government can reduce your monthly bills and can prevent you from going into default on your student loan.

The bankruptcy solution above is also a solution if you have actually gone into default on your loan, especially in cases of private loans where you may be facing wage garnishment from your lender. However, if you have gone into default on a federal student loan, you may be also be able to recover through a student loan rehabilitation option offered by federal loan holders.

Eliminating unsecured debt through bankruptcy can increase your income, allowing you to make student loan payments. Even if your student loan can’t be discharged, bankruptcy will free up resources to avoid default.

Consult a Savannah student loan attorney for legal guidance in navigating your options.

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student loan attorney​
Understanding Federal Student Loan Garnishment

Can Debt Collectors Garnish Student Loans?

If you are behind paying your federal student loans, they may be garnished without a court order. It is typical for garnishments to need approval from the court, however, student loans do not.

This means that the collector can directly withdraw funds from your bank account or paycheck without your consent. Your bank and employer are legally obligated to comply with the garnishment instructions.

Consult a student loan attorney Savannah GA for legal assistance if you’re facing garnishment.

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Flexible & Affordable

We offer free consultations, weekend, after-hour, and virtual appointments for your convenience.

Accessible

We are accessible to our clients and are here to answer all questions throughout the process.

Client-Focused

When you retain us you can rest assure you will receive excellent representation and the best possible outcome.

Experience

Attorney Mark A. Bandy has over 20 years of experience successfully handling bankruptcy filings in Savannah.

Contact us online or call our offices at (912) 509-7015 to get started with our Savannah bankruptcy attorney today.