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Student Loan Attorneys in Southern California

Get maximum relief from student loan debt.

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How Can OakTree Help With Student Loan Relief?

We are Southern California’s leading authority on student debt relief. From determining if bankruptcy is the right course to negotiating better terms, an OakTree student loan attorney will work tirelessly to pursue every option and free you from the burden of crippling student loan debt. Your student loan should be a step toward your future, not a roadblock.

Reach out now for a FREE case evaluation.

A graduation cap on a pile of cash

Payment Plan Options

Because of complex laws, bankruptcy is often suggested by student loan debt attorneys as a last resort.

Chapter 7

Although typically considered non-dischargeable, there are some instances in which student loan debt can be forgiven under Chapter 7 bankruptcy.

Chapter 13

If you have a high income, Chapter 13 bankruptcy may be right for you. Consult a student debt attorney specializing in loan restructuring and forgiveness to review your options.

Defrauded By School

School closures can result in the inability to finish a program and earn a degree. You shouldn’t be penalized for circumstances beyond your control.

Adversary Proceeding

An adversary proceeding is a separate trial within a trial, in this case, to prove undue hardship. It can be complex and lengthy, and requires skilled legal representation.

Long-Term Impact

The benefits of student loan bankruptcy should outweigh the drawbacks. An experienced student loan lawyer can clarify the impact and guide you toward a successful outcome.

Can You Really Secure a Student Loan Discharge?

What California’s Most Trusted Bankruptcy Attorneys Need You to Know

Type of LoanIs It Dischargeable?Key Details
Federal Student LoansPotentially, but challengingNewer procedures may improve your odds
Private LoansYes, if you can prove undue hardshipSome loans may be treated as ordinary debt
Parent PLUS LoansRare, but possible under extreme hardshipThe parents’ circumstances determine discharge, not the student’s

Why Student Loan Bankruptcy Is So Challenging

Student loan bankruptcies are held to a higher standard for discharge than most other types of debt. Unlike credit card or medical debt, student loans can’t simply be wiped out in a standard bankruptcy filing. They are treated differently for several reasons:

Program Protection: Automatically discharging student loans reduces the government’s ability to recover funds lent for education.

Long-Term Investment: Education is seen as providing benefits over a lifetime, so short-term financial difficulties typically aren’t enough to qualify for a discharge.

Strict Legal Standard: The undue hardship test for student loans is set intentionally high. You must prove:

That you cannot maintain a minimal standard of living while repaying your student loan.
That your situation is likely to persist for a significant portion of the repayment period.
That you have made good-faith efforts to repay your loan.

While this all may sound discouraging, many borrowers DO succeed in discharging their debt through bankruptcy with the help of a trusted, experienced California student loan bankruptcy attorney.

Overwhelmed by student debt? Relief is possible.
Contact OakTree Law today.

Understanding the Discharge Process

Discharging your student loan involves more than your attorney filing for bankruptcy. You must initiate an adversary proceeding—a separate lawsuit within your case that asks the court to declare your student loan dischargeable due to undue hardship.

The steps in the process include:

1. Your student loan attorney submits your formal adversary complaint to the bankruptcy court.
2. The lender is served with notice and has the opportunity to respond.
3. You provide financial records, income statements, and other evidence to demonstrate that repayment would impose significant financial difficulty.
4. A bankruptcy judge reviews the evidence. Your case may go to trial, or you may be asked for additional documentation.
5. A decision to grant or deny discharge will be issued.

What If Your Bankruptcy Case Is Already Closed?

Even if your bankruptcy case is closed, you may still be able to pursue a student loan discharge. But beware—reopening a case and filing incorrectly or without sufficient evidence can permanently damage your chance of success. Avoid mistakes! Talk with an OakTree student loan lawyer to evaluate your situation and guide you through the process.

Frequently Asked Questions

If you have questions about your financial future, read insights from our skilled student loan debt attorneys and contact our team today.

Accreditations & Certifications

Clients’ Success Stories

Settlements

$500M+ of relief won for clients

“Mark Hoffman made my BK filing painless. The communication between him, his staff and myself was always prompt and friendly. All my questions were always answered in a timely manner. Even 3 years after filing I had a question regarding my BK and I was able to immediately get in touch with him without waiting to have my questions answered. He also answered a ton of questions I had before even hiring him which was very helpful. I would strongly recommend Oaktree Law and specifically Mark Hoffman.”

Our Four Cs of Legal Excellence

Commitment

Our student debt attorneys will fight hard for your student loan forgiveness.

Communication

You ask, we answer—promptly and honestly.

Cost

Fees are discussed in advance for complete transparency.

Character

We are compassionate professionals who stand up for you.

Attorneys, Ed Pitts, Mark Hoffman, Julie J. Villalobos, and Herbert Wiggins

Why Choose OakTree

Our Southern California student loan debt attorneys fight for maximum debt relief and financial freedom.

As one of Southern California’s top bankruptcy law firms, we’ve won over $500 million in relief for our clients.

Our student debt attorneys will negotiate loan forgiveness through bankruptcy or secure a settlement you can manage. With 300+ 5-star reviews, we’ve helped countless people like you fight predatory student loan companies for fair terms and debt relief.

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Contact Us Today for a FREE Consultation

OakTree Law has helped thousands of SoCal clients with over $500 Million of relief. Fill out this form, and our personal injury or debt attorneys will contact you for a free evaluation.

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