QUESTION: Can Oregon bankruptcy court really wipe out my student loans?
ANSWER: Yes, if you qualify for the undue hardship exception. Our mission is to help you fight back. We realize people who can’t afford student loans can’t afford attorneys. We’re tired of seeing honest but unfortunate borrowers lose to billion-dollar student loan corporations.
This website, and the free 84-page Oregon Student Debt guide, are a pro bono project by Portland attorney Michael Fuller.
Oregon Bankruptcy Court Pro Bono Attorneys
First, find all your student debts. Second, take the student loan quiz. Third, file a complaint in bankruptcy court seeking student loan forgiveness.
Your complaint should explain every box you marked on your quiz. At a minimum, you must prove the following three facts at trial:
- You have no money left over each month to pay your student loans
- Your money problems aren’t going to get any better in the future
- Over the years, if you ever had extra money, you put it toward your student loans
Bankruptcy Case Number
Before filing for student loan forgiveness, you must get an Oregon bankruptcy court main case number. Oregon bankruptcy court has locations in Portland and Eugene. For general information, call the court at 503-326-1500. Click here for official Oregon bankruptcy court forms.
After you have a bankruptcy court case number, file your complaint and send it to your student loan companies. At trial, you must explain and prove the boxes you checked on your quiz.
You can get a bankruptcy case number yourself, or through legal aid, or with the help of a pro bono attorney.
Represent Yourself in Oregon Bankruptcy Court
If you can’t find an attorney to help, don’t worry. A 2012 study found that people who represented themselves in bankruptcy were just as likely to get student loan forgiveness as people who had an attorney.
The study concluded that, “Ultimately, it seems the bankruptcy filers’ lack of accurate knowledge of the system is the main problem.”
The rules about discharging student loans in Oregon bankruptcy court can be difficult to understand at times. Luckily, the court should strictly construe the rules in your favor and against your lender. This means that in a case of a close call, the court may see it your way.
Lastly, try not to worry. A 2015 report said that student loan debt is now greater than car loans and credit cards. You are not alone, and our experience, these things have a way of working out.