Frequently Asked Questions

Answering common questions about student loan solutions and how we help clients navigate their options.

Student Loan Legal Questions Answered

Student loan debt can be complex, and understanding your options is not always straightforward. These frequently asked questions address many of the common concerns we hear from clients seeking student loan management and planning solutions.

If you do not see your question answered here, we encourage you to reach out for a personalized consultation. Every student loan situation is unique, and individual guidance is often the most effective way to move forward.

Most Common Questions

General Questions

What types of student loan services do you provide?

Broadly speaking, I offer two general areas of student loan assistance: bankruptcy discharge and setting up Income-Driven Repayment plans (IDR), although in many cases the IDR process can result in an administrative discharge (i.e., no bankruptcy involved).

Student Loan Discharge

Do I have to file bankruptcy in order to discharge my student loan debt?

The short answer is "no." The word "discharge" is automatically confusing because it means different things in different contexts. When properly applied and managed, the IDR process can, and often does, result in an administrative discharge. But that can take 25 years or more, while, given the right facts, a bankruptcy discharge can be achieved in a matter of months. There are also other types of administrative discharge, the most common of which is called "Total and Permanent Disability" (TPD). As the name suggests, you have to have a doctor sign and submit a form declaring that, as a practical matter, your disease, injury, or other impairment prevents you from working, and that the condition is expected to last forever (or at least for the next few years).

What if I already filed bankruptcy in the past, and that case is now closed?

How long does the discharge process take

Again, it depends on whether you are referring to a bankruptcy discharge or an administrative discharge. A bankruptcy discharge can take anywhere from a few months to a year or more (and there is no guarantee that it will work). To set up and complete an IDR discharge could take 25 years or more. Obviously, that is a very long process, much like a mortgage. But in most cases the IDR payment is affordable and manageable.

Income-Driven Repayment Plans

How do Income-Driven Repayment Plans work?

That is a short question with a very long answer, which we can't completely cover here. In a nutshell, we plug some numbers into a formula, primarily your household income (including that of your spouse), the number of your dependents* who live under your roof, and details about your student loans. In most cases that formula quickly tells us whether you qualify for an IDR plan, and if so, how much your payments might be, and how long your IDR plan can be expected to last—usually anywhere between 10 and 25 years. If you complete that process and the underlining student loan has not been paid in full, then the remaining balance is discharged.

Note: This only works with federal student loans. It does not work with private loans or loans that were issued by a state agency.

Note: "Dependents" can include your natural or adopted minor children, disabled relatives, elderly parents or other relatives, and even unborn children. It does NOT include anyone who does not live under your roof more than half of the time. A college student who is your child, and who lives in the dorm during the school year, but who comes home during school breaks, is considered a dependent.

Do my IDR payments always remain the same?

When do IDR plans not work?

In my experience, the #1 impediment is other debt, because the IDR formula does not account for credit cards, medical debts, personal loans, defaulted car loans, back taxes, etc. The budget formula will assume that you can make the IDR payments, but it doesn't allow for payments on those other debts. Sometimes it also matters what kinds of debts you have. Many people have both federal and private loans. Most other debts can be managed or eliminated in bankruptcy, but that rarely works with private student loans. This scenario can be a horrible trap.

What happens to my IDR plan if I can't make the payments, or if my income drops?

That's the beauty of IDR! You can almost always make allowances and adjustments. If your income drops permanently, or if your family size grows, then at any time you can re-submit that information and adjust your payments. You don't have to wait until it's time to recertify. Too many people don't take advantage of this option. We hate to see cases where someone defaults on their IDR plan simply because they weren't aware of this option.

Service Areas

Who do you help, and where are your services available?

I am only licensed in Tennessee, so when it comes to discharging debts in bankruptcy, that's the only place where I am allowed to practice (unless I jump through some expensive and complicated hoops first). So far my practice has been limited to the west end of the state, but that could change. When it comes to setting up IDR plans, I can do that for anyone who has federal student loans. The vast majority is done via Zoom, so distance doesn't matter. But to be clear, I am absolutely forbidden to advise people about the laws of other states or how things might work in bankruptcy court in another district.

Consultation Process

What happens during the initial consultation?

What happens during the initial consultation?

This is what I call my "Step One Student Loan Analysis." We'll spend about 30-45 minutes going over your situation via Zoom. I'll ask you questions about your loans (federal vs. private, how much you owe, current status, etc.), your income, your family size, your other debts, and your overall financial situation. Based on that information, I can usually tell you right away whether you're a good candidate for an Income-Driven Repayment plan, whether bankruptcy discharge might be worth pursuing, or whether there are other options available to you. You'll leave the consultation with a clear understanding of your options and what the next steps would be if you decide to move forward.

How do I get started?

Simple, just call or email to schedule your free initial consultation. We'll set up a Zoom meeting at a time that works for you. Before our meeting, it's helpful if you can gather some basic information: the types of student loans you have (federal or private), approximate loan balances, your current loan status (current, forbearance, default, etc.), your gross household income, and the number of dependents in your household. Don't worry if you don't have all of this information, we can work with whatever you have and I'll help you figure out what else we need.

Costs and Fees

How are fees structured for your services?

The initial consultation is currently $200. This gives us a chance to review your situation and determine what options might be available to you. If we decide to move forward, additional fees depend on the type of service you need. For Income-Driven Repayment plan setup, there is a flat fee. For bankruptcy discharge work, fees are typically structured based on the complexity of your case. I will always be transparent about costs upfront, and we'll discuss payment options during our consultation. Keep in mind that if you need a bankruptcy filed, that will involve separate fees paid to the bankruptcy attorney who handles that portion of the case.

Timeline and Expectations

How long does it take to see results?

It depends entirely on which path you're taking. For Income-Driven Repayment plans, we can often get your application submitted within a few weeks after our initial consultation, assuming you provide the necessary documentation promptly. The Department of Education typically takes 4-8 weeks to process IDR applications, though it can sometimes take longer. For bankruptcy discharge, the timeline is longer, typically several months from filing the bankruptcy case to getting a decision on the discharge complaint, and potentially up to a year or more in complex cases. I'll give you a realistic timeline based on your specific situation during our consultation.

Working With a Specialist

Can you file the bankruptcy for me?

No. I no longer file bankruptcy cases of my own. But I work very closely with a well-known Memphis bankruptcy lawyer who can file it for you. Plus, having practiced bankruptcy law here for over 30 years, I know most of the other bankruptcy lawyers in the area, and most of them will gladly let me step into the case for the sole purpose of filing the discharge complaint. This applies whether you have already filed bankruptcy or are considering filing a new case.

How are your services different from other attorneys?

My practice focuses exclusively on student loans. Unlike general practitioners who handle many areas of law, student loan debt management and planning is all I do, and it has been my focus since 2015. With a foundation of practicing law since 1993, I bring decades of legal experience to this specialized area of practice. I understand the nuances of both bankruptcy discharge and Income-Driven Repayment plans, and I can help you determine which path makes the most sense for your specific situation.

Tax Considerations

Are there tax implications related to student loan decisions?

Yes, there can be. With Income-Driven Repayment plans, if you reach the end of your repayment term (typically 20-25 years) and have a remaining balance forgiven, that forgiven amount may be treated as taxable income. If your loans are discharged through bankruptcy, that discharge is generally NOT considered taxable income. Additionally, if you qualify for a Total and Permanent Disability discharge, that is also not taxable. Tax laws change frequently, so it's important to stay informed about current rules and plan accordingly. *Disclaimer I am not a practicing Tax Attorney.

Payment Repair

Can you help fix payment or loan status problems?

Yes, in many cases. If your loans are in default, if you've been incorrectly billed, or if your loan servicer has made errors in calculating your payments or payment history, I can often help resolve those issues. This might involve working directly with your loan servicer, filing complaints with the Department of Education, or in some cases, using the bankruptcy process to force a resolution. During our initial consultation, we'll discuss any specific problems you're experiencing with your loans, and I'll let you know whether I can help fix them.

Ready to Discuss Your Specific Student Loan Situation?

We encourage you to reach out and start the conversation. We will review your circumstances and help you understand the options available to you.

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