Your case is as important to us as it is to you.
805-
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Russ W. Ercolani, Esq.
Ercolani Law Group
4195 E. Thousand Oaks Blvd.
Suite 175
Westlake Village, CA 91362
Tel: 805-
Fax: 805-
The Law Offices of Russ Ercolani is located in Westlake Village, California, and serves clients throughout Ventura County and Los Angeles County, including the people in the communities of Westlake Village, Agoura Hills, Calabasas, Woodland Hills, Thousand Oaks, Moorpark, Oak Park, Simi Valley, Camarillo, Oxnard, and Ventura.
Russ Ercolani is an Attorney at Law, a member of the State Bar of CA, and helps people with legal issues
related to personal injury, bankruptcy, estate planning, business, and insurance matters.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Copyright © 2010 by Russ Ercolani. All Rights Reserved
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Student Loans and Tax Debt
Southern California Law Firm Experienced in Debt Relief
Are you unable to keep up with your student loans? Are you in trouble with the IRS
for your tax debt? Have you built up more debt as you try and pay off your student
loans and taxes? You have options; we can help you take the necessary steps to pay
off your debt. The burden of taxes and federal student loans may seem like too much
to bear, but we can help. For a free consultation with a lawyer at the Ercolani Law
Group, call 805-
Student Loans - Can Bankruptcy Eliminate Them?
The law of discharging student loans was changed in October of 1998. Student loans
are now only dischargeable based on a showing of "undue hardship." Generally, proving
hardship often requires proving to the Court that you cannot maintain a minimal standard
of living if you have to repay the loan, that your financial situation is likely
to persist, and some courts require a showing of a good faith attempt at repayment.
This requires a case-
Consolidate Student Loans - A Plan to Pay Off Debt
Under Chapter 13 bankruptcy student loans can be consolidated along with your other bills. Unlike Chapter 7 bankruptcy, Chapter 13 student loan consolidation allows you to end harassing collection actions and garnishments. Under a Chapter 13 bankruptcy payment plan student loans can be paid off over three to five years as part of the loan consolidation plan.
Qualifying for Discharge of Tax Debt
In order to determine the dischargeability of your taxes, you should consult an experienced bankruptcy lawyer who will evaluate your tax debt. Generally, in order to be dischargeable, the income tax debt must meet the following criteria:
- The tax debt is more than three years old
- The tax return was filed before bankruptcy filing
- Tax return was not filed late within two years of bankruptcy filing
- Tax is not assessable
- The taxpayer is not guilty of tax fraud and tax evasion
It is important to understand that tax debt from tax returns not filed cannot be discharged. As such, it is necessary to file all tax returns before filing for bankruptcy.
Understand What Filing for Bankruptcy Can Mean in Your Specific Case
The best way to find out how bankruptcy will affect you is to talk with a bankruptcy
attorney. For a free consultation with a lawyer at the Ercolani Law Group, call 805-
