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Student Loan Related

Private Loans For Unaccredited School Not Student Debt in Bankruptcy

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By Los Angeles Bankruptcy Attorney Christine Kingston I was just talking with a friend of mine the other day, Damon Day; and he was mentioning that he is seeing more and more folks all across the country, who have attended these unaccredited schools and carrying an enormous amount of student debt. I mentioned to him that I’ve already been in ... Read More »

Bill Introduced to Allow Private Student Loans to be Consolidated Into Federal Loan

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We will have to see where this proposal ends up but yesterday a bill was introduced in Congress that would all certain private student loans to be consolidated into a Federal Direct Consolidation Loan. That’s a big deal for people who are struggling with the lack of payment plans on private student loans. According to the proposed bill, the borrower ... Read More »

Republican Congress Doesn’t Give a Damn About Student Loan Issues

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If anyone thinks changing Washington D.C. to more Republican control is going to provide more relief for people with student loan problems. History paints a different picture. Since 2008 there has been an extremely lackluster effort by Republicans on student loans. Check the graphic below from the Capitol Words project. Read More »

How Many of the Sallie Mae and Navient Student Loans Are Actually Eligible for Bankruptcy Discharge? Loads!

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I was recently working on an article about private student loans that sure look like they should have been discharged in the students bankruptcy filing. It looks as if the loans were issued for a course of study that is not certified for Title IV funding. I know that sounds like a bit of a technical statement but keep reading. ... Read More »

Eary Tests to Prove (Justify) Undue Hardship

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SEVERAL TESTS CREATED – YET NOT A SINGLE STANDARD If you are one who is following this blog I want to thank you. I first began blogging nearly a year ago now. My very first attempt at publishing here was on May 19th, 2015. The subject of that first informative posting was about Undue Hardship Tests. The title I used ... Read More »

A Bunch of These Navient Private Student Loans May Really be Eligible for Bankruptcy Discharge Today

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Bankruptcy attorney Chad Van Horn has recently filed suit against Navient for attempting to purse student loans after a consumer bankruptcy. The issue stems from the fact the loans appear to not be protected from bankruptcy, yet Navient continued to attempt to collect on them. If the loans were not protected in bankruptcy, they would have been fully discharged and ... Read More »

My Theory of Why My $130K of Federal Student Loans Was Discharged in Bankruptcy

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THE DISCHARGE OF $130,000 WAS SETTLED WITHOUT A TRIAL! HERE IS MY THEORY OF WHY! AT A MOTION HEARING, THE DEPT. OF ED. MOVED TO STRIKE MY COMPLAINT. BY COUNTERING THAT MOTION, THE DEPT. OF ED. SAW I WAS NOT GOING TO FOLD! THE JUDGE GAVE THE DEPT. OF ED. JUST THREE DAYS TO ANSWER MY COMPLAINT. WHAT THE DEPT. ... Read More »

Things Get Real on Student Loan Elimination by Borrower Defense

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The Department of Education has released a massive proposed rule that aims at finalizing a process to allow people who have been defrauded by their schools, a process to eliminate their federal student loans. It also would create a process for student loan borrowers to also seek to get back loan payments they made to schools found to have misled ... Read More »

43-Year-Old Mom Wins Partial Discharge of Federal Student Loan Debt

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My friend and fellow student loan informationalist, Wm. Richard Fossey, emailed me to share a recent undue hardship victory which I want to discuss this week. The case was decided on May 3rd, 2016, in the U.S. Bankruptcy Court in the District of Idaho. The link to the full context of the decision is here: http://business-finance-restructuring.weil.com/wp-content/uploads/2016/05/McDowell-5-4-2016.pdf The plaintiff, a 43 ... Read More »

A Video Look Into Student Loan Borrower Defense to Get Loans Forgiven

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What happens when you get taken in by a misleading pitch, or a deceptive action leads you to make decisions you would otherwise not have made? You get hurt… probably mad, and even depressed. But what if you were taken for such a ride that your future is screwed for many years to come? What if the situation is bad ... Read More »

Eary Tests to Prove (Justify) Undue Hardship

get out of debt

SEVERAL TESTS CREATED – YET NOT A SINGLE STANDARD If you are one who is following this blog I want to thank you. I first began blogging nearly a year ago now. My very first attempt at publishing here was on May 19th, 2015. The subject of that first informative posting was about Undue Hardship Tests. The title I used ... Read More »

Did My Bankruptcy Attorney Make a Mistake by Not Getting My Student Loans Discharged?

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Question: Dear Steve, I was laid off 11/3/2008 with 2 kids in college and the sole financial provider for 3 kids and my wife. I paid every bill on time through June of 2011 despite being out of work the 1st time for 17 months. I filed chapter 7 in July of 2011. I survived by using my retirement accounts ... Read More »

I Went to University of Phoenix Without Graduating from High School

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Question: Dear Steve, I went to University of Phoenix back in 2002. I started going to classes onsite in Dallas but then moved to online approach when I relocated to another state. I finished the Master of Arts in Organizational Management in 2004 but have not been able to use the degree..in fact took it off my resume. It is ... Read More »

I’m a Pilot. Can My Student Loans Be Discharged in Bankruptcy?

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Question: Dear Steve, I am a pilot who currently has several private student loans that are making me unable to own a home or even live on my own. I was a victim of scam in which they said my loans would be discharged in court meanwhile I was supposed to pay a very large fee. Upon some investigation I ... Read More »

Permanently Disabled People Eligible for Total Federal Student Loan Forgiveness

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The Obama administration is rolling out plans to forgive the federal student loan debt of people who are designated as permanently disabled by the Social Security Administration. This is estimated to forgive about $8 billion in federal student loans and assist debtors who are permanently disabled from having benefits garnished and forcing them through struggles with their student loans. The ... Read More »

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