Student Loan Cases in Oklahoma City
Our Student Loan Attorney Can Help Discharge Your Debts
Approximately 45 million Americans have student debt, and many are unable to pay their loans. Whether your student loan lenders have filed suit against you, or student loans have fueled your bankruptcy case, Jarman Law Office is here to help.
Although student loan debt is notoriously difficult to erase, we put our 15+ years of legal experience on your side and fight aggressively for your rights.
Call us at (405) 221-9696 to start exploring your legal options today.
Adversary Proceedings and Undue Hardship
When you file for bankruptcy, discharging your student loan debt is not automatic. If you need relief from your student loans, you have to file an adversary proceeding and prove undue hardship. An adversary proceeding is a lawsuit with a different docket and case number inside of an existing bankruptcy case. Many adversary proceedings are filed because the person declaring bankruptcy needs special relief.
Bankruptcy courts sometimes approve student loan discharge during adversary proceedings, but only if the individual filing is facing undue hardship.
Bankruptcy courts consider the following questions to determine undue hardship:
- Will paying the loan prevent you from maintaining a minimal standard of living?
- Will your hardship continue for a significant portion of the loan repayment period?
- Did you make a good faith effort to repay the loan before filing bankruptcy?
If the answers to most or all of these questions are yes, the court may grant you undue hardship and discharge your student loans.
Our Oklahoma City student loan lawyer will aggressively pursue your adversary proceeding and help prove undue hardship and gain discharge before the courts.
Predatory Student Lending
Student loans may also be dismissed due to fraud or predatory lending practices. Some lenders entice students into loans via deceptive marketing practices or claim to offer relief and make your debt worse. If you can prove fraudulent or deceptive marketing or lending practices in court, most judges and/or juries will dismiss your loan.
Similarly, if you took out student loans to pay for a fraudulent education, the federal government should forgive your debt. Nevertheless, students who are victims of fraud are facing an uphill and ongoing legal battle, as covered by The New York Times.
Jarman Law Office wants to be on the right side of history, so if you are facing loans from fraud or predatory lending practices, we encourage you to discuss your legal options with our firm.
Lawsuits From Lenders
Although uncommon, student loan lenders can try to recover funds from you via legal action. If your lender files a lawsuit against you, contact our attorney as soon as possible because you will need to respond. We can help by questioning the legitimacy of the lawsuit and your loan and/or showing that you do not have the means to pay the loan. While lenders can come after your assets and income, they will not be able to collect assets, like a car or home, that would be protected in bankruptcy proceedings – and they cannot interfere with your minimal standard of living.
We fight aggressively to protect your rights from over-eager and overly litigious lenders, especially because discharging student loans during bankruptcy can be so difficult.
Within or outside of bankruptcy, our team is dedicated to helping you when your student loans cause legal trouble.
Why Choose Jarman Law Office
The student loan crisis is a huge problem in the United States, and our firm is here to help. Our compassionate team understands the overwhelming toll student debt can take on individuals and families. People who choose to invest in themselves and seek a better life should not be penalized when facing undue hardship, particularly if they are already filing for bankruptcy or their loans were incurred via fraud or predatory lending.
Attorney Jarman has been working in the legal field for more than 15 years, and although he is a good listener and a kind person, he also knows how to fight for his clients’ rights in settlement negotiations and the courtroom.