How it works

How Student Loan Bankruptcy Works at The Independence Law Firm

Our Specialized Approach to Student Loan Discharge

At The Independence Law Firm, we’ve developed a focused approach to help clients use bankruptcy as a strategic tool for eliminating student loan debt. Unlike general bankruptcy firms, we concentrate specifically on the intersection of bankruptcy law and student loan discharge—an area that requires specialized knowledge and experience.

The Initial Consultation Process

1. Comprehensive Financial Assessment

When you first contact our firm, we begin with a thorough evaluation of your financial situation:

• Review all student loan documentation (federal and private)
• Analyze your current income, expenses, and assets
• Assess your employment history and future earning potential
• Evaluate any disabilities or special circumstances affecting your ability to repay

2. Determining Your Eligibility

Our attorneys will assess whether you meet the criteria for student loan discharge by examining:

• The severity of your financial hardship
• The persistence of your circumstances
• Your good faith efforts to repay the loans
• Whether your situation meets the Brunner Test or Totality of Circumstances Test (depending on your jurisdiction)

Our Strategic Filing Process

3. Choosing the Right Chapter

Based on your specific situation, we’ll recommend either:

• Chapter 7 Bankruptcy: For those with limited income and assets who need a fresh start
• Chapter 13 Bankruptcy: For those with regular income who can benefit from a structured repayment plan

4. Filing the Bankruptcy Petition

Our team handles all aspects of filing:

• Prepare and file all required bankruptcy forms
• Include detailed documentation supporting your hardship claim
• Ensure compliance with local court requirements across all 50 states

5. The Adversary Proceeding

This is where our specialization becomes crucial. To discharge student loans, we must file an adversary proceeding—a separate lawsuit within your bankruptcy case:

• Draft a compelling complaint demonstrating undue hardship
• Gather supporting evidence including medical records, employment history, and financial projections
• Prepare expert testimony when needed
• Present your case persuasively to the bankruptcy judge

What Makes Our Process Different

Nationwide Expertise

We’re licensed to practice in bankruptcy courts across all 50 states, understanding the nuances of how different jurisdictions interpret student loan discharge standards.

Dedicated Student Loan Focus

While other firms treat student loans as an afterthought in bankruptcy, it’s our primary focus. We stay current on:

• Recent changes in bankruptcy law (including the 2022 Department of Justice guidance)
• Successful strategies in different circuits
• Judge-specific preferences and requirements

Realistic Expectations

We provide honest assessments about:

• Your likelihood of full versus partial discharge
• The timeline for your specific case (typically 4-6 months for the adversary proceeding)
• Total costs involved in pursuing discharge

The Timeline You Can Expect

Months 1-2: Initial filing and automatic stay protection

• Your student loan collections stop immediately upon filing
• We prepare your adversary proceeding complaint

Months 3-4: Discovery and negotiation phase

• Exchange information with loan servicers
• Often negotiate for partial discharge or favorable settlement

Months 5-6: Trial or settlement

• Present your case if necessary
• Finalize any negotiated agreements

Post-Bankruptcy Support

Our service doesn’t end with the court’s decision. We help you:

• Understand the terms of any discharge or settlement
• Ensure loan servicers properly implement the court’s orders
• Navigate credit rebuilding strategies
• Address any post-discharge issues that arise

Why Choose The Independence Law Firm

We Take Cases Others Won’t

Many bankruptcy attorneys shy away from student loan discharge cases because they’re complex and time-intensive. We’ve built our practice specifically around these challenging cases.

Success-Oriented Fee Structure

We offer transparent pricing and payment plans because we understand you’re already facing financial hardship. Our fee structure reflects our confidence in achieving meaningful results for our clients.

Personalized Strategy

Every client’s situation is unique. We don’t use cookie-cutter approaches but instead develop customized strategies based on:

• Your specific type of loans
• Your individual hardship circumstances
• The jurisdiction where you’ll file
• Recent precedents that support your case

Getting Started

The first step is a consultation where we’ll review your situation and provide an honest assessment of your options. We’ll explain:

• Whether bankruptcy is the right tool for your situation
• What level of discharge we believe is achievable
• The total cost and timeline involved
• Alternative options if bankruptcy isn’t recommended

Contact The Independence Law Firm today to learn how our specialized approach to student loan bankruptcy can help you achieve the fresh financial start you deserve.