Student Loans

Speak with a Knowledgeable Maryland Student Loan Attorney

Student Loans and Bankruptcy – What You Need to Know

To speak with an experienced student loan attorney Maryland, fill out our intake form and a member of our office will reach out to schedule your free consultation. You can also call us directly to speak with a local student loan attorney who understands the challenges of managing student loan debt and the opportunities available through bankruptcy.

Nationally Recognized Attorney Helping Borrowers Across Maryland

In November 2022, the Department of Justice issued new guidelines that have helped more than 630 borrowers obtain a full or partial discharge of federal student loans. Attorney Timothy Chambers, a nationally recognized student loan forgiveness attorney based in Maryland, has successfully used these guidelines to help clients get meaningful relief from student loan debt.

Student Loans and Bankruptcy – What You Need to Know

Here are the general steps you should take if you’re considering trying to discharge student loans through Chapter 7 or Chapter 13 bankruptcy:

1. Consult with a Student Loan and Bankruptcy Attorney

Because of the complex nature of student loan discharge, it’s essential to consult with a bankruptcy attorney who is also a student loan lawyer. A student loan debt attorney in Maryland familiar with both areas of law can help assess your eligibility for discharge or other relief options.

2. File for Bankruptcy

You’ll need to file either a Chapter 7 or Chapter 13 bankruptcy case. Each has distinct rules and benefits. Chapter 7 may offer a full discharge if you meet the undue hardship standard, while Chapter 13 allows for structured payment plans and potential debt relief over three to five years.

3. Initiate an Adversary Proceeding

To pursue a discharge, your student loan attorney will file an adversary proceeding—an official lawsuit within the bankruptcy—to challenge the nondischargeability of your student loans.

4. Prove Undue Hardship

To successfully discharge student loans, you must show the court that:

  • Repayment would prevent you from maintaining a minimal standard of living,

  • Your financial hardship is likely to persist, and

  • You’ve made good-faith efforts to repay the loans.
5. Submit Supporting Evidence

Your case must include detailed documentation: income, expenses, repayment history, medical conditions (if applicable), and other financial information.

6. Attend Hearings

You and your student loan lawyer may need to appear before a bankruptcy judge to present your case. Your loan servicer will have the opportunity to oppose the discharge.

7. Receive the Court’s Decision

The bankruptcy judge will issue a ruling based on the evidence presented or through an agreed stipulation with the Department of Education or private loan holders. A private student loan attorney can be critical if your debt includes non-federal loans.

Discharging student loans—whether federal student loans or private student loans—in bankruptcy is challenging due to the strict requirements of the Bankruptcy Code. In most cases, student loans are presumed non-dischargeable unless the borrower can demonstrate that repayment would cause an undue hardship. Proving this can be difficult, but recent developments in law and policy have improved the odds for many borrowers.

2024 Student Loan Relief Plan

On April 15, 2024, President Biden introduced five new student loan programs expected to help over 31 million Americans. These include:

If you’re unsure whether you qualify for these new programs or for bankruptcy relief, Chambers Law—your trusted student loan law firm—can help.

Other Ways to Reduce or Eliminate Your Student Loan Debt

Even if you don’t qualify for a bankruptcy discharge, we can still help you explore other options, including:

Income-driven repayment plans

Public Student Loan Forgiveness (PSLF)

Teacher Loan Forgiveness

Closed school loan discharge

Total and permanent disability discharge

Death discharge for family.

Our team, including a skilled student loan attorney Maryland, will evaluate every avenue to pay back student loans or reduce the burden through federal programs or administrative relief.

Why Choose Chambers Law?

At Chambers Law Firm, P.C., we focus on helping Maryland residents take control of their student loans and regain financial freedom.

Expertise

We specialize in bankruptcy and student loan discharge cases. Our lead student loan attorney, Timothy Chambers, is a nationally and internationally recognized attorney for his work in this field.

Personalized Legal Strategy

We tailor every case to your unique financial situation, ensuring you receive customized advice—whether it's through a Chapter 7 discharge, a Chapter 13 payment plan, or administrative relief.

Compassionate Advocacy

Dealing with student loan debt is overwhelming. We're here to help with both legal strategy and emotional support.

Take the First Step Toward Student Loan Relief

Don’t let student loan debt keep you from building your future. Contact Chambers Law, your trusted student loan attorney Maryland, today to discuss your options. Whether you’re looking to discharge student loans, qualify for an income-driven repayment plan, or explore your rights under bankruptcy law, we’re here to help.

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