Federal Student Loan Repayment Options
Federal student loan borrowers facing financial hardship severe enough to not be able to make their loan payments have some options available to them. Rehabilitation or Consolidation Borrowers who...
View ArticleDischarging Federal Student Loans Outside Bankruptcy
Federal student loan borrowers may have their loans discharged outside of bankruptcy under several different programs: Total and Permanent Disability Borrowers who can show a TPD may have their loans...
View ArticleIs It Possible To Discharge Private Student Loans in Bankruptcy?
Did you know that in 2005 Congress added a new subsection to the Bankruptcy Code? It expanded the nondischargeability of student loans to include “any other educational loan that is a qualified...
View ArticleA History of Discharging Student Loans in Bankruptcy
With $1.5 billion in student loan debt, many observers believe the economy would get a boost if at least some of that debt could be discharged in bankruptcy, like almost all other consumer debt. The...
View ArticleClik here to view.
Private Student Loans Discharged in Bankruptcy
Recent decisions from courts around the country confirm that some private student loans can be discharged in bankruptcy. The most recent decision from the Second Circuit U.S. Court of Appeals agreed...
View ArticleClik here to view.
Paying Student Loans in Chapter 13 Bankruptcy
In the past, debtors filing Chapter 13 bankruptcy were hindered by unimaginative and unwieldy federal rules and policies towards the payment of federal student loans. When a Chapter 13 was filed, the...
View ArticleClik here to view.
Bankruptcy Discharges of Private Student Loans
The National Consumer Law Center (NCLC) has released an excellent new article at https://library.nclc.org describing the treatment of private student loans in bankruptcy. The article sets out...
View ArticleClik here to view.
New Guidelines for Student Loan Discharges in Bankruptcy
New guidelines from the U.S. Department of Justice and the U.S. Department of Education might lead to more federal student loans being discharged in bankruptcy. Although the new guidelines don’t...
View ArticleU.S. Assistant Attorney General Remarks on Bankruptcy Discharge of Federal...
At a recent conference of the National Association of Consumer Bankruptcy Attorneys (NACBA) (I’ve been a proud member of NACBA for many years), Assistant United States Attorney General Vanita Gupta...
View ArticleClik here to view.
A History of Discharging Student Loans in Bankruptcy
From 1978 to 1990 all student loans owed for five years or more were dischargeable in bankruptcy. Student loans owed for less than five years were dischargeable if “undue hardship” could be showed. In...
View Article
