Joseph Camenzind, IV

Bankruptcy Attorney

I have always been interested in the law. After graduating from Seton Hall Law School in 2003, I immediately began working in areas of the law that had the greatest positive impact for my clients, with one of these areas being bankruptcy.

It is no secret that student loans can quickly overtake one’s bank account and can even cause them to go bankrupt. When filing for bankruptcy, you need an attorney who will make sure to thoroughly guide you through the process so you can start fresh with your finances.

How Can You Discharge
Your Student Loans?

There’s Still a Chance to Start Over

One common misconception about filing for bankruptcy is student loans are exempt from discharge. The courts do have the power to reduce or even eliminate your student loans if they find the loans create an undue hardship.

3 Determining Factors for “Undue Hardship”

Unable to Keep Standard of Living

If you were to continue paying for student loans but won’t be able to maintain a minimum standard of living for California, you may receive a discharge of debts. If you make enough money to maintain that living standard on top of student loans, it’ll be harder to be discharged.

Temporary or Permanent Hardship

When dealing with the courts, they will be more likely to discharge your student loans if your financial hardships were unlikely to improve in the foreseeable future. Temporary financial hardship could be a drought for a farmer, a downturn in your prospective industry, or a physical illness.

Previous Effort to Pay Loans

The courts will be looking at your previous invoices for paying your student loans. If you’ve been making good-faith efforts to repay your loans, you’ll have higher chances of having them discharged. To see where you stand, call me today to schedule a consultation.

Are You Looking for Your Student Loans to Be Forgiven?


Frequently Asked Questions for Discharging Student Loans

What’s the Minimum
Standard of Living?

In California, you’ll need to provide proof of income and expenses. A minimum standard of living includes shelter, utilities, food, clothing, insurance, and more.

What Classifies as
“Permanent Hardship?”

You’ll likely be unable to keep up on payments if you cannot work because of permanent illness or disability, lack of job skills, or even the existence of people who depend on you for care.

Explain a “Good-Faith
Effort” to Pay Loans

The courts will be looking at full, on-time payments that were made, sincere intention to keep making payments, or attempts to work with a lender on alternate payment plans.

Serving Clients Throughout Santa Clara County

My office, located in San Jose, California, is easily accessible to people in the surrounding communities, including Campbell, Mountain View, Los Gatos, Palo Alto, Morgan Hill, Gilroy, and everywhere in between. Schedule a consultation by filling out the form below or simply calling The Law Office of Joseph Camenzind, IV today.