Charlotte Bankruptcy attorney Bryan W. Stone answers the question: “How do I file for bankruptcy?”
Given how hard it is to get out from under student loan debt, it comes as no surprise that less than 1,000 people try the impossible feat every year. The Wall Street Journal recently ran an interesting piece on the subject that detailed five examples of outrageous demands made by lawyers for lenders (including the U.S. Department of Education) to explain to judges why student loan debt should not be forgiven. We intend to go through all five of the crazy explanations, with the third one appearing below.
A 25-year-old old woman from New Hampshire had the misfortune of running up against aggressive student loan lenders back in 2008 when she tried to have her student loan debt discharged. The woman filed for bankruptcy on her $40,000 in debt, saying that she had no reasonable means of ever paying back the borrowed money.
The woman claimed that as a single mother who earned less than $30,000 per year she was already stretched thin caring for her two-year-old daughter. The lenders’ attorneys argued that the woman should not be excused from paying her debts given that her husband, who was in prison at the time, might be able to provide an income boost to help her tackle the debt.
The judge presiding over the case did not fall for the lenders’ arguments, noting that even when the woman’s husband was not incarcerated he had not been much of a help financially. The judge noted that the evidence clearly showed that in the three years prior to the man’s incarceration he never contributed any money towards the household bills, using what little he earned for his own amusement.
The bankruptcy judge decided that there was no reasonable basis to believe that there would ever be any substantive contribution from the imprisoned husband and, as a result, her student loan debt ought to be discharged.
If you find yourself needing the services of a Charlotte, North Carolina bankruptcy attorney, please call the skilled lawyers at Arnold & Smith, PLLC today at (704) 370-2828. As professionals who are experienced in the bankruptcy arena, our attorneys will provide you with the best advice for your particular situation.