Student Loans

Feeling Overwhelmed by Mounting Student Loan Debt?

If so, you aren’t alone. For millions of Americans, student loans are a significant financial burden that can feel impossible to escape. While there is a common myth that student loans can never be discharged in bankruptcy, the reality is more nuanced.

At Clark & Washington, we have helped thousands of Atlanta residents regain control of their finances. Whether you are looking to discharge your loans entirely or simply need a way to make your monthly payments manageable, our experienced Chapter 7 and Chapter 13 attorneys are here to help.

Can Student Loans Be Discharged in Bankruptcy?

In Georgia, student loans are rarely discharged in bankruptcy. To eliminate them, you must prove “undue hardship” by filing a separate lawsuit, an adversary proceeding, in bankruptcy court.

While the “undue hardship” standard is a high bar to meet, filing for bankruptcy can still provide significant relief for those struggling with education debt. Even if your student loans are not fully discharged, bankruptcy can:

  • Discharge Other Unsecured Debts: By eliminating credit card debt, medical bills, and personal loans, you can free up the cash flow necessary to stay current on your student loan payments.
  • Stop Collection Actions: The “Automatic Stay” that comes with a bankruptcy filing prevents lenders from garnishing your wages or harassing you for payment while your case is active.
  • Provide a Structured Repayment Plan: In a Chapter 13 filing, your student loan payments can be managed as part of your court-ordered plan, often making your monthly obligations much more manageable.
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student-loans

How Chapter 7 Bankruptcy Affects Student Loans

Chapter 7 bankruptcy is designed to wipe out unsecured debts like credit cards and medical bills. While student loans are not automatically discharged in a Chapter 7 filing, this process can still provide immense relief:

  • Freeing Up Income: By eliminating other debts, you may suddenly find you have the disposable income necessary to stay current on your student loans.
  • The Adversary Proceeding: Our attorneys can help you file a separate lawsuit (adversary proceeding) within your bankruptcy case to argue for a full or partial discharge of your student debt based on the “undue hardship” standard.

How Chapter 13 Bankruptcy Manages Student Debt

For many Atlanta residents, Chapter 13 is a powerful tool for managing student loans. Instead of immediate liquidation, Chapter 13 allows you to consolidate your debts into a manageable 3-to-5-year repayment plan.

  • Stop Garnishments and Collections: The “Automatic Stay” prevents student loan lenders from garnishing your wages or harassing you during the length of your plan.
  • Lower Monthly Payments: Your student loan payments are factored into your court-approved plan, often resulting in a significantly lower monthly payment than what the lender originally demanded.
  • Curing Default: Chapter 13 can help you get out of default and bring your loans current over time.
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 Take the First Step Toward Financial Freedom

Don’t let student loan debt dictate your future. Contact the Atlanta bankruptcy experts at Clark & Washington today. We will sit down with you, review your loans, and build a strategy to help you breathe easier.

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