student loan debt

A Growing Number of Bankruptcy Filings Are Being Driven by Student Loan Debt

Student loan debt is playing a large part in many recent bankruptcy filings, according to a recent study from LendEDU. According to their data, 32 percent of people filing for Chapter 7 bankruptcy report having some amount of student loan debt, showing that student loan debt is definitely a growing concern when it comes to consumers considering filing for bankruptcy.

LendEDU reported that, of this 32 percent of total consumers, student loan debt made up almost half of their total average debt. The student loan debt crisis is said to be reaching an all-time high with the total national amount exceeding $1.5 trillion.

According to the Student Loan Hero, the average undergraduate student leaves with $29,800 in student loan debt. This figure does not even begin to consider those students who must take out more loans to pay for necessary expenses or other students who continue with graduate studies. Many of these students end up carrying six figures of student loan debt after graduation.

The data reported by LendEDU only covers filers who are pursuing a Chapter 7 bankruptcy and not a Chapter 13 bankruptcy, which is an option that offers a restructuring of debt over the course of three to five years.

This LendEDU study points to an even bigger problem involving the burden student loan debt places on young consumers. Many of them struggle with keeping up with basic living expenses, on top of their student loan obligations, which makes it very easy for them to fall behind in payments. Eventually, many of these borrowers feel they have no other choice but to declare bankruptcy to pay them off. The bankruptcy may not end up discharging their loans, but it will erase other debt that makes it hard for them to continue paying their obligations. Student loans are normally non-dischargeable in bankruptcy cases, which is a large part of the problem.

Taking these facts into consideration, this would mean that if the people surveyed by LendEDU who fall in the 32 percent carrying student loan debt, they will only receive partial relief through the average bankruptcy case. If 49 percent of their debt is still considered non-dischargeable, that is still a large sum to continue paying following a bankruptcy discharge.

Borrowers must prove that paying their loans  would be an undue financial burden, a legal standard which has traditionally been very difficult to meet. Movement is being made towards possibly fixing this issue by allowing student loan debt to be treated just like any other unsecured debt in a bankruptcy case.

For borrowers who are struggling with student loan debt, relief options are available.  Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. There are ways to file for bankruptcy with student loan debt.  It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at