Student Loans & Bankruptcy
Student Loan Relief Services
Discharge & Bankruptcy
Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Debt Relief Attorneys
Learn about your options.
See what you can save.
Contact Us Today.
Let Us Help You!
Get Your Free Consultation
Student Loans & Bankruptcy Help
If you have undergone an extreme circumstantial hardship, you may be eligible to have your student loans discharged through a bankruptcy filing. In addition to potentially wiping out your student loans, Bankruptcy will also grant certain rights that will protect you from collection activity on both your student loans and many of your other debts.
As you may have already heard, discharging student loans through a bankruptcy filing is relatively tricky to do so. In addition to the standard bankruptcy means test, the Brunner test typically must be met as well to discharge student loans in bankruptcy. The key to it lies in being able to prove “undue hardship.” In other words, we need to show that will never be able to pay back the loans you have and to do so would cause extreme hardship on either you or your dependents. This means you will have to prove the following:
- You wouldn’t be able to maintain a minimum standard of living for yourself or your dependents if you were paying your student loans;
- There is an undue hardship that will likely extend throughout your loan repayment period; and
- You have made “good faith” efforts to repay your loans
Bankruptcy and Adversary Proceedings
Whether or not you feel all three of the above fit your situation, the bankruptcy courts have the final say in whether or not your loans will be discharged. This decision will be made in the adversary proceeding which is a separate lawsuit or “complaint” that needs to be filed with the courts in addition to filing your bankruptcy petition. If filing a Chapter 7 we advise the adversary proceeding be filed right after the petition as we want to make sure it is on the record as soon as possible. If filing for Chapter 13 we wait closer to the end as the relatively few case laws existing show it is more likely to prove undue hardship closer to the discharge date.
If you have already filed bankruptcy with a different attorney but feel as though you may have qualified to discharge your student loans through bankruptcy, don’t worry – whether or not your case has been closed, an adversary proceeding can still be filed at any time so we can get your case reopened for you!
When the adversary proceeding is filed the burden of proof lies upon us to prove your case to the judge, and this is where your help is needed, and your hardship must be severe. We need as much evidence as possible as to the student loan causing undue hardship for you or your dependents. This cannot just be financial hardship like losing a job or otherwise being out of work, but rather a more long-term hardship such as disability or other extraordinary hardship that would prevent you from making payments over a long period. We need to document the following as it pertains to your:
- current and projected income
- current and projected expenses
- medical or health-related situations
- current and projected employment
- family size
- past student loan repayment history
The more concrete your proof we obtain as to your undue hardship the more likely to have your loans discharged. Conversely, the frailer your case is for your misfortune, the less likely your loans will be discharged. This is where the difficulty lies. Not only do we have to show your current situation but it needs to be projected over the life of the repayment period of your student loans which in many cases with Federal loans can be up to 25 years!
There is a lot of work involved in the adversary proceeding and discharging your student loans through bankruptcy. It is not as simple as filing a regular bankruptcy petition when student loans aren’t included. We’re talking about full-blown lawsuits and attorneys battling it out in court. There are usually additional costs in trying to prove your hardship such as depositions of yourself or family as well as those of expert witnesses in the medical and economic fields which are typical. As with any lawsuit, there is the potential of your opposition deliberately delaying by filing frivolous motions, many times intentionally causing you to have to pay more and more in fees in hopes you will drop your case.
Having an experienced debt lawyer on your side can pay off as we will use all of our combined experience to help try to help prove your case including appealing any decisions through clear error review if the situation doesn’t go your way.
Private Student Loans and Bankruptcy
Private loans are a little easier to discharge due to the lack of flexible payment options offered. The payments demanded for private loans are usually much higher than with Federal loans being that there are no payment options that can potentially yield a $0 monthly payment as in the case with some of the Income-Driven options as described above. Trying to prove you can’t pay a minimum of $0 is a lot harder than trying proving you can’t pay a much higher payment as demanded by your Private lenders. This is especially true if your private student loans are already in default as typically the full amount is due making it even harder to pay as if the regular payments weren’t hard enough. Click on the following link for more information on Bankruptcy.
How Dramer Law Handles Our Student Loan Debt Relief Cases
Read More by Expanding the Below:
Free Consultation, Fact Finding, & Financial Analysis
When you call our firm, we will want to know how and when your financial hardship began as well as what the current status is, to get a better understanding of what you are experiencing. Our staff is trained to ask the right questions to make sure that no stone in your financial picture goes unturned. Any representative that will speak with you will have a minimum of 10 years experience
We analyze your current financial situation including your assets and liabilities as well as your current cash flow, allowing us to narrow down our services more specific to what you can afford. This step is critical in any of our processes as we ensure that whatever service we recommend will be within your budget and therefore you’re more likely to succeed.
Full Disclosure, Recommendation, & Customization
There are multiple options for each problem we encounter so based on your analysis; we will then tailor fit the best option to the individual needs of your budget. We will explain in great detail all aspects of each process including the risks & fees – not just how much money you can save. Nothing will be hidden from you as we are a full disclosure law firm.
Our Relief Specialists are NOT Paid a Commission so there will be no sales pressure at our law firm. There is no obligation to retain our services. You will be given all the facts you need, and then you will be given plenty of time to think things over. Debt relief is an important decision, and we won’t rush you! We have worked hard over the years to earn the reputation we have by giving honest advice to those in need rather than the advice that benefits our bottom line!
Limited Power of Attorney & Authorization to Communicate
Lenders are Sent Notice of our Representation
Once retained, we immediately send a copy of our Limited Power of Attorney to your creditors, debt-collectors, or attorneys. Sending notice of representation is the first step in curbing any creditor or collector calls you may be receiving. We do not want you to be harassed – we’ll take over the calls for you.
The Fair Debt Collection Practices Act (FDCPA)
Once any third party servicer, debt collector, debt purchaser, collection attorney, foreclosure attorney, etc. receive our Limited Power of Attorney, they are obligated to contact us directly on your behalf. Failure to do so is a violation of the FDCPA, and we will sue them for you. There is no fee charged to you if we do not win your case, and if we do win, you can win up to $1,000 per violation, and the collector in violation will pay our attorney fees for you. It’s basically free money!
We Get the Job Done!
We are Incentivized to Perform
Our mortgage negotiation services are offered a fee structure as such that you pay part of the fee when retaining our firm and part of the fee only if we’re successful. The success fee helps ensure we are incentivized, so you’ll know we have your best interests in mind. We don’t benefit from getting you to hire our law firm, but instead, we benefit when we get the job done for you. You pay for our performance – and that’s what we do – we perform! We never agree to anything without first consulting with you and getting your approval. It is your debt and your money, so you have the final say in all of our negotiations
We Work Efficiently & Quickly
The combination of our experience, well-trained representatives, long hours, and state of the art software, allow us to accomplish more in any given day than most other firms only dream about. This can be said for ANY service we offer from negotiations to litigation to bankruptcy. We work quickly on your behalf as the longer you delay with a deed in lieu of foreclosure, the more fees your lender will charge. We will be in touch with you throughout the process to keep you informed and are available when you need us.
Our Lawyers Work for You and Only You!
Dramer Law and our debt lawyers have no affiliation with any creditors, banks or other lending institutions! This means that we are not here to keep you paying as much interest for as long as possible like many banks, but instead, we will make sure you choose an option based on your situation that will cost you the least amount in interest over time! Any of our Debt lawyers will work for the benefit of our clients and not for those that you owe money.
Download Our Prequalification Questionnaire to See How We Can Help
To find out what type of loans you have and to see how we can help, click on the button below to download our prequalification questionnaire and send it back to us along with your proof of income. We’ll be able to find out any information on your loans including how much you owe, to who, the rates, etc. If you’ve received any grants, we’ll be able to see the information on those as well, but thankfully you won’t have to pay those back!
Are you looking for professional advice?
Let Us Help You!
The Law Offices of Kenneth H Dramer PC specializes in helping people in a safe, open-access manner in many states throughout the country. If you are struggling with your loan payments, give us a call to understand your alternatives. Working with the assistance of a debt lawyer that deals with student loan issues on a daily basis not only grants you protection against unscrupulous debt collection agencies but, will also help to organize and explain the entire process so that you understand precisely how to proceed.
Before we make any recommendations, our debt lawyers, certified debt relief specialists, and paralegals are trained to ask the right questions to find out about your specific situation. Based on your current income and your financial hardship, we will determine which course of action will work best for you. We do not only offer one path, as no one process can solve everyone’s needs. We will take our time with you and help evaluate what your best course of action should be. CALL NOW FOR A FREE CONSULTATION and one of our advisors will be there to get you started on your path to financial freedom. There is no obligation to enroll, so don’t delay.
There is absolutely no obligation, so don’t hesitate to give us a call to learn how you can get out of debt and return to a healthy financial future.
One way or another, we can help!
Why Choose Dramer Law for Your Student Loan Debt Relief Needs?
Debt is Our Specialty
Other companies and law firms offer debt relief – we specialize in it! We do not offer any services that aren’t strictly related with clients that are struggling financially so our clients have unique needs, compared to those of other law firms, that we can cater to. We offer all debt relief options and we service our clients like family. You should never settle for less when trying to settle for less!
Since our clients don’t have tons of money to spare like attorneys that practice in other areas of law, we charge low fees making our services affordable for anyone that needs help. Unless your case involves one of our attorneys having to go to court, our negotiation service fees are flat fee based not charged hourly.
One on One Client Service
All of our client relationships are One on One. You’ll have one individual client service representative that will be your point of contact and you’ll build a relationship with them so they’ll know exactly what you are going through. Aside from treating you with the upmost care possible, this means you won’t have to deal with multiple people and re-explain your situation to a different person each time you call. This saves time for you and eliminates any extra stress for you as time is money and being stress free is just as important as being debt free!
Client Service Response Time
All of our attorneys, paralegals, and negotiators are dedicated to providing the best possible experience, while achieving results. We are available long hours but should we happen to be unavailable for any reason we pride ourselves on returning calls and emails right away, not several days later like most attorneys.
Many companies do nothing for the high fees they charge. We have heard many horror stories. These companies aren’t proactive, they put no effort into negotiations, they don’t even return your calls let alone calls from collectors! These actions cause collectors to seek other measures to collect, often meaning lawsuits. We typically work repeatedly with the same companies and are known for resolving accounts so therefore have a great reputation with industry lenders and collectors. This benefits you when we contact these companies on your behalf, they know the accounts will get resolved and therefore we are usually able to avoid legal action!
Many times, when we successfully get our clients out of debt, they still need assistance with other areas of their financial life. We offer many different services for those struggling with debts including Business Debt Relief, Mortgage Relief, Tax Relief, & Student Loan Relief. When Debt is the Problem – We Have the Answers!
The court proceedings were annulled, and agreeable working terms were consolidated with my creditors
I wouldn’t go anywhere else.
Very sharp and on point. Their price is very reasonable.
“Like most people bankruptcy never crossed our mind. My husband and I owed a lot of debt due to closing of our business, but we still tried to payoff debtors little by little. Until we got hit with a summons from the court ( for over 100K lawsuit). We research all over the internet and called many law firms and layers. Many of them ask what we want to do?.. We wouldn’t of call if we know what to do. And some offered hardship /debt relief or settle your debt for less.. no matter what you call it at the end you still have to pay the creditors, the debts collectors and the lawyer. In our case there is no way we can payoff everything. Many random phones calls later, we were fortunate to come acrossed Mike, he has explained to us bankruptcy doesn’t mean we will lose our house or car. As couple we are able keep certain amount of assets. We were also worried about our credit score, the bankruptcy record will stay in your record for 7 years ( our score were poor anyway). There aren’t that many reviews on the internet about them and like most people we’re not sure if we can trust them. Give Mike a call and a chance, his very sharp and on the point. Their price is very reasonable. Bankruptcy was the best choice we made and the cheapest way out. Now half year later we are debt free, no need to worry from phone calls from debts collectors. Get to keep our house and car, even our credit score went up. Don’t understand why we didn’t do it sooner I guess we were like a lot others going day by day try to be nice by paying off little by little. Thanks!” JC, Queens, NY. 7-7-2017
They were extremely professional and made the process easy
“The Law Offices of Kenneth H. Dramer P.C Attorneys at Law were efficient in handling by bankruptcy case. They were extremely professional and made the process easy! I highly recommend them.” – Jamie M. Seaford, NY 5-30-2017
They're highly recommended
It has been an absolute pleasure working with you
“I just wanted you to know it has been an absolute pleasure working with you. You never made me feel harried, pressured or overly anxious about paying off my bills. I wish everyone would be like that. Thank you again & i hope you don’t mind if i touch base with you the future, just to give you updates on how things are going. Be well.” Mary R. Bayshore, NY 4-30-2018
I would highly recommend Dramer Law for your debt settlement needs
“I would highly recommend Dramer Law for your debt settlement needs. A few years ago my husband and I had accrued entirely too much debt and no matter how hard we worked or how much we tried, we were unable to keep up with our bills and making the minimum payments was getting us nowhere. The best decision we could have made was to begin the debt settlement process. Most of the debt was in my name so I contacted Dramer Law . I have been extremely pleased with the efficient, attentive, reliable service provided by Michael Sininsky. I was initially hesitant to enter into any debt settlement program but now, without hesitation, I will say it was the best decision I could have made . From the initial consultation and throughout the entire process ,Michael patiently and fully explained everything. Any questions I had were addressed rapidly and any messages I left were returned promptly. I/we started out with $87,555.84 total debt and ended up paying back $26,020.71. That’s a savings of $61, 000.500 , or a 70% discount off our balances. I’m so happy we decided to go with Dramer Law and cannot thank Michael enough for all his hard work and professionalism. Any fees paid to Dramer Law were very fair and minimal compared to what I was paying to the credit card companies each month. Being debt free is such a relief- now we can move forward and put our money toward our kids college educations and save for our future.I am happy to recommend them and am so glad I contacted them a few years ago. Sincerely, Susan M.” Commack, NY 3-27-2018
We would highly recommend their services for debt reduction and settlement rate negotiations
Your promptness, efficiency, and trustworthiness have always been beyond my imagination.
“Thank you very much. Your promptness, efficiency, and trustworthiness have always been beyond my imagination. Perhaps I will be like that one day (in another life).” Peter L Valley Stream, NY 3-2-17
Thanks for being so helpful
Not only did you get me out of debt but you gave me a freedom that can’t be described.
Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!
“When I initially called, I spoke to Mike. I want to say, he immediately put my mind at ease. He explained your retainer fee; that costs for filing papers; phone calls, and other incidentals, would be deducted from that fee and, if any fees were due at the end of the process, I would be liable for those additional fees. Mike was able to work with me, keep me calm and focused, and I have gone from being in foreclosure to NOT being in foreclosure!! I’m so relieved. Mike spent time communicating with me either by e-mail or phone. He kept me up-to-date about the process of this whole mess I got myself into and he was truly a comfort to me these past few months. I hope other staff in your office are as efficient and compassionate as Mike is. He’s truly an asset to your business. Mike – Thank you so much for your help. I’ve said it once, and I’ll say it again – you are greatly appreciated!!” – Susan F. Copaigue, NY. 6-13-16
I was very pleased…
I am very grateful….highly recommended
Very extremely effective in working with me to reduce my consumer debt
Excellent, excellent service. Highly recommended.
Please accept our gratitude for all your help
I’m very happy
“I think you and the company basically do a good job and I appreciate it. As I mentioned before the only thing is I’m interested to see when the payments I’ve made start showing up on my credit report as it’s still very low. Overall, though, I’m very happy.” Mike S. Baldwin, NY 8-3-15
I would highly recommend this firm to anyone going through financial difficulty and need good advice.
“I was so happy to have been represented by the law firm of Kenneth H. Dramer. They were so helpful at a very difficult financial time in my life. They advised me every step of the way through the difficult process of bankruptcy. If I had any questions or concerns they would answer any questions very quickly and patiently. I would highly recommend this firm to anyone going through financial difficulty and need good advise. ” Lillian L. Queens, NY 7-20-2015
I thank the company and Michael for giving me peace of mind at this point
Thank your law firm for helping us get out of debt and back on track
“To Whom It May Concern , We would like to thank Michael Sininsky and your law firm for helping us get out of debt and back on track . Michael was always professional and courteous as well as efficient . Any email or phone call was returned immediately with answers to each question or concern we had . We would like to say Michael Sininsky is an asset to your company . We were thankful that he had our account . Sincerely , Robert & Michele A. Whitestone, NY 5-25-2015”
I would like to express my gratitude
Thank you from the bottom of our hearts for all of your efforts in getting us through this!
“Dramer handled my case very professional. They were patient and very helpful with my case. Recommended!” Alex M. Floral Park, NY 12-24-14
Resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined
“I would like to open by saying how grateful I am to Michael Sininsky for helping me with my legal problem. I was beside myself when I spend a hit letter from an attorney who.informed me that I was in debt for a very large amount of money that was owed 15 years ago I thought the matter had been resolved through my divorce, but to.my dismay it wasn’t and had accrued an astronomical amount of late payments and finance charges, they froze our bank accounts , but through the expertise of Mr.Sininsky he resolved a 15 year matter in 2 weeks unfroze our accounts and saved us more than we could of imagined I recommend the Dramer Law firm highly and lifted a great deal of stress for us. sincerely Mr & Mrs. Vogel”, NY 12-15-14
We are so pleased with the results.I know we could not have been successful without their help
Getting Started is Easy…
Call Now for Your Free Consultation
Call today for your free consultation with an experienced member of our team who will ask the right questions to determine the best course of action. They will go over each option that will make sense for your situation and will be sure to discuss in detail the pros and cons of each.
See How Much Money We Can Save You
Each option will have its own savings potential. Keep in mind the greater the downsides a choice may have the greater the potential for savings. Our debt relief representatives will be sure you understand the cost benefits and will be sure to disclose our fees fully.
Retain Our Law Firm and Let the Savings Begin
Once retained, we waste no time in taking action. We will work quickly and efficiently to bring a successful resolution to your situation. You will be assigned a specific member of our team that will be in constant contact with you throughout the process.
You have nothing to lose except for your student loan debt!
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*Individual results may vary based on consumer’s earnings, assets, and current financial situation. Our law firm does not assume or pay any clients’ loans, nor provide credit or tax advice concerning any forgiven amounts. Student loan relief options do not obtain immediate repayment arrangements. Bankruptcy is not available in all states.
*Be wary of any company that tells you not to pay your bills as specific debt relief options may have a negative impact on your credit report and other consequences. For example, your debts may continue to accrue late fees and penalties; you also may receive calls from your creditors and/or debt collectors; you could even be sued for non-payment. If a creditor obtains a judgment against you, they have the right to garnish your wages or put a lien on your home. Make sure you choose company that explains the benefits and consequences of each debt relief option. Please read and understand all process terms before enrollment.
*The information provided on this site is for general information and educational purposes only. The information presented should not be considered legal advice, and should not be misconstrued as such, and should most definitely not be acted upon without first consulting with an attorney. The information is subject to change without notice. Consult a debt relief lawyer licensed in your jurisdiction for specific advice.
*We provide Debt Relief services and are a debt relief agency, as defined by the U.S. Congress. We proudly assist people filing for bankruptcy relief under the Bankruptcy Code as well as various other services to help avoid bankruptcy.