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Tag Archives: student loan discharge

Federal Student Loans Discharged in Bankruptcy. A Look at the Surprising 2012 Data and Cases.

The actual granular data presents a surprising reality.

The more I research and study the reality of dealing with student loans through bankruptcy the more I am under the opinion the data does not support the assumptions many have that no good options are available in bankruptcy for student loans. In fact my research appears to show that even for government backed student loans there are some significant ... Read More »

    Florida Man Discharges Federal Student Loans in Bankruptcy

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    Attorney Marilyn Hochman recently scored a victory in discharging federal student loans in a bankruptcy case. The consumer was able to discharge $8,223.49 in federal student loans without opposition by the Department of Education. Foster, the consumer, was unemployed and had previously filed for Social Security disability but was denied due to “not enough information.” Marilyn Hochman filed an adversary ... Read More »

      Big Case Proving Ability to Discharge Student Loans in Bankruptcy

      College Tuition Expenses

      Times are changing when it comes to being able to discharge student loans in bankruptcy. And while the road has been paved by a few who have been successful, one 2013 case decided by the U.S. Appeals Court in the Ninth Circuit seems like it gives hope to those who want to discharge their student loans through bankruptcy. The Ninth ... Read More »

        How to Really Discharge Your Student Loans in Bankruptcy. Many Can. But Never Try.

        Student Loan Corkboard Concept

        For years we’ve all heard the same message that it’s near darn impossible to discharge student loans in bankruptcy. We’ve heard that the undue hardship standards make it so onerous that expecting a student loan discharge is all but an act of God. But what if that belief was actually more myth than fact? Recently Jason Iuliano, (J.D. Harvard Law ... Read More »

          No GED or High School Diploma? Your Student Loans May Be Cancelled, Discharged, and Forgiven.

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          Despite what many think, there are reasonable rules and allowances for forgiving federal student loans in cases of school failure, fraud, disability, or other issues. For private student loans, as of now you are still primarily screwed. One little known discharge rule is for those that were enrolled in colleges without having a GED or high school diploma. For those ... Read More »

            Student Loan Disability Discharge Process Improved

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            Sasha Chavkin, Special to ProPublica The Education Department proposed new rules on Tuesday to revamp its troubled program for forgiving the federal student loans of borrowers who become disabled. The new regulations came after an investigation last year by ProPublica found that the department’s dysfunctional system for evaluating disability was keeping many genuinely disabled borrowers buried in student debt. Under ... Read More »

              My Student Loans Were Discharged in Bankruptcy But They Are Trying to Collect

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              “Dear Steve, My chapter 7 was discharged in 2002 wherein I listed all student loans and creditors. No one showed up. No one filed an adversarial proceeding. Then 3-1/2 months later I received a call wherein there told me I had to repay these loans and had me sign a FFELP Fed Consolidation Loan and Prom Note application. I now ... Read More »

                Student Loan Forgiveness or Discharge Can Create a Huge Tax Bill. Watch Out!

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                If you are one of the lucky few who have qualified for a discharge or cancellation of your student loan debt, you may be shocked to learn the debt may not be over with just yet. A reader brought to my attention that the forgiveness of student loan debt, even under a disability discharge, can result in the issuance of ... Read More »

                  Are My Student Loans on the IBR Plan Dischargeable in Bankruptcy? – Nick

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                  “Dear Lewis, I’ve got about $80,000 in consolidated student debt on the IBR plan. Good job, making about $48,000 a year. But since I’m not a doctor, lawyer, or wall street guy, I’ll never reduce the principle, and 25 years is a long time. Would bankruptcy clear this? And if so, then why not just go for it? Not like ... Read More »

                    Can I Eliminate and Discharge My Student Loans With Bankruptcy? – Matt

                    Matt “Dear Steve, In April of 2004 I graduated from college with an associates in applied business. Quickly upon graduation i was startled at what i was expected to pay per month for my recent, what I thought was self improving, endeavor. Stuck with the inability to repay these student loans, I really have no idea on what to do….as ... Read More »

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