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Austin Smith, Esq.

Austin C. Smith is a litigator who focuses on discharging private student loans in bankrutpcy. Mr. Smith's article, The Misinterpretation of 11 USC 523(a)(8) (reposted on GetOutOfDebt.org), was foundational in articulating the proper scope and application of the student loan non-dischargeability provision of the Bankruptcy Code, and its arguments and reasoning have been adopted by bankruptcy courts all across the country. Mr. Smith's work on behalf of debtors and has been profiled by the Wall Street Journal, NPR, ABC News, The Financial Times, the National Law Journal, the American Bankruptcy Institute, and more.

Don’t Owe Taxes – You Might Be Able to Discharge Your Private Student Loans

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Attorney Austin Smith who is on my list of attorneys you should consider for student loan legal help has sent in an incredible post on a new angle on dealing with private student loans. Fascinating. Here is his post. In previous posts, Steve and I have discussed how some private student loans can be discharged …

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Here is Why Your Private Student Loan May Able to Be Eliminated in Bankruptcy

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The following guest post by Austin Smith may be a bit technical but it contains critical information for both consumers and bankruptcy attorneys. For people who are not attorneys, this information may get a bit technical but you can print a copy of this article and take it with you to your bankruptcy attorney. I …

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Why So Many Get It So Wrong That a Private Student Loan is Uniquely Protected in Bankruptcy

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by Austin C. Smith The Misinterpretation of 11 U.S.C. § 523(a)(8) [1]The common belief that all student loans are protected from discharge in bankruptcy is based on a misunderstanding of 11 U.S.C. § 523(a)(8). Since 1990, bankruptcy courts have been misreading the statute to prevent any student debt that could be construed as providing educational …

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