Texas Bankruptcy Blog : Texas Bankruptcy Lawyer & Attorney : Fears Nachawati law Firm : Chapter 7, Chapter 13, Consumer Bankrutpcy : Dallas, Fort Worth, Austin, Houston, San Antonio

When you file for a Chapter 13 bankruptcy in Dallas, there are circumstances that allow a discharge (in whole or part) for excessive student loan debt. But there are specific and strict requirements for the discharge of a student loan debt.

The first requirement is to file a separate motion with the bankruptcy court and then appear before the judge to explain your hardship. Your best chance at getting your student loan discharged is to prove that you can't provide a minimum standard of living for yourself and your dependents if you have to repay the student loan.  Some bankruptcy courts will discharge part of the loan on if you can show that repaying it all would be a hardship. 

Other reasons student loans are sometimes deemed unenforceable and thus discharged are due to school closures, fraud, etc.  In the event that you can only get part of the student loan discharged, you will be given the opportunity to pay them off over the course of the plan by filing for a Chapter 13 bankruptcy.

At the very least, when you file for a Chapter 13 bankruptcy, you will halt any collections effort by the student loan servicer. They will not be able to make harassing phone calls or place liens on your assets.

For a free bankruptcy consultation regarding the discharge of student loans, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at or via e-mail at 1.866.705.7584 or via e-mail at info@fnlawfirm.com. 

You will be able to get a student loan after you file for bankruptcy, but you will have to wait until your bankruptcy is discharged. Depending on whether you file for Chapter 7 or Chapter 13 bankruptcy, it can be 6 months-5 years. For obvious reasons, a bankruptcy trustee will probably not allow you to take on new debt while your bankruptcy is pending.
The length of time you must wait also depends on the type of student loan you plan to apply for. In the case of government funded student loans, your credit history (including bankruptcy) is irrelevant. It may be more challenging you have to get private students loans, but not impossible by any means.

The ability to get student loans in the future should never be an impediment to your decision to file for bankruptcy. While an education is always best in the long run, you should carefully consider your current financial situation and what is in your best interest. When you file for bankruptcy you are erasing debts and able to start off fresh.

Contact bankruptcy law firm, Fears | Nachawati, toll free at 1.866.705.7584 or via e-mail at info@fnlawfirm.com to discuss your options for filing bankruptcy.