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Student Loan Related

11 Myths About Student Loan Forgiveness

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If you have more student loan debt than you can handle, or if you’ve been paying and paying (and paying) and can’t make headway, chances are you’ve wondered about student loan forgiveness. As you look into your options, keep in mind that everything you read (or hear — even from your student loan servicer) may not be accurate. We asked ... Read More »

    When You Make Student Loan Payments on an Income-Driven Plan, You Might be in for a Payment Shock

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    Aug 17 2015 By Seth Frotman Earlier this year, we asked you to share your #StudentDebtStress story. More than 30,000 of you answered, telling us about payment processing problems, servicing transfer snags, customer service confusion, and obstacles for borrowers in alternative repayment plans. You can check out the comments that were posted. For borrowers who are experiencing financial distress and ... Read More »

      What’s Missing from Hillary Clinton’s Student Loan Plan

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      Little by little, the mass of humanity that’s running for President of the United States is coming to realize something very important: Not only does the $1.2 trillion worth of higher education-related debt pose significant macroeconomic peril to the country, but solving this problem (or, at least, coming close) has the potential to rally widespread, enthusiastic support across the generational ... Read More »

        Brunner Test Needs to Die Say These Heroes in Student Loan Bankruptcy Discharge

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        On July 29, 2015 the National Consumer Law Center (NCLC) and National Association of Bankruptcy Attorneys (NACBA) jointly filed a court document arguing a position in support of discharging student loans through the bankruptcy laws. Much thanks to the readers and tipster who slipped me the document. The matter of dealing with overwhelming student loan debt through bankruptcy has been ... Read More »

          Law School Debtor Loses Bankruptcy Decision to Discharge His Debt, But Lessons Learned

          Student Loans Concept

          The United States Court of Appeals for the Seventh District just ruled that a student loan debtor could not discharge his loans in his consumer bankruptcy case. Lately I’ve been writing about bankruptcy cases where consumers have been able to discharge substantial amounts of student loan debt. You can see the articles here. Before I go on I owe a ... Read More »

            Another Consumer Nukes Their Student Loans Through Bankruptcy

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            A reader contacted me to share his story of dealing with his unmanageable student loans through bankruptcy. Just recently I’ve written two articles that showed how people have fought the battle against their student loan companies and the bankruptcy court agreed to eliminate their debt. Read this and this. The cases of consumers making there case with the bankruptcy court ... Read More »

              Ask The Expert: Why Can My Girlfriend Get Her Student Loans Fixed And I Can’t?

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              Question: My girlfriend and I both have lots of student loans. We Googled “student loan consolidation” and got some sketchy-looking websites. But we’re desperate, so we entered some info into some fields. They said she could get her loans consolidated but mine couldn’t be. Is this for real? — Bill in Iowa Howard Dvorkin CPA answers… After getting some information from ... Read More »

                Teacher Discharges Loads of Student Loans in Bankruptcy. ECMC Fights Back.

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                Today I’m looking at another bankruptcy discharge case, see more here, where a bankruptcy judge felt it was appropriate to allow for a legal discharge of student loan debt. In this case the consumer represented herself in the action and has fought a valiant battle. Even though President Obama and the Department of Education have recognized a valid and reasonable ... Read More »

                  Bankruptcy Court Wants to Discharge Spousal Consolidation Student Loans. Educational Credit Management Corporation Says, “Not So Fast.”

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                  I have to admit I am totally perplexed by the media and popular myths that believe student loans can’t be discharged in bankruptcy. Even a lot of bankruptcy attorneys believe this wildfire myth. Thanks to some amazing readers and tipsters I’ve just received a collection of cases where the consumer managed to have their student loans eliminated in bankruptcy, right ... Read More »

                    Discover Bank Screwed Over Student Loan Holders Says CFPB

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                    Today the Consumer Financial Protection Bureau (CFPB) took action against Discover Bank and its affiliates for illegal private student loan servicing practices. The CFPB found that Discover overstated the minimum amounts due on billing statements and denied consumers information they needed to obtain federal income tax benefits. The company also engaged in illegal debt collection tactics, including calling consumers early ... Read More »

                      Mother Wins Bankruptcy Discharge of National Collegiate Student Loan Trust Student Loans

                      The decision to file bankruptcy should be a celebration.

                      A Los Angeles bankruptcy judge ordered student loans to be discharged on July 6, 2015 because they did not qualify as education loans under 11 U.S.C. 523(a)(8). Judge Neiter, United States Bankruptcy Judge in the Los Angeles Division of the Central District of California, presided over the adversary proceeding case no. 2:14-ap-01722-RN, Schwartz v. National Collegiate Student Loan Trust and ... Read More »

                        Department of Education Reaches Decision About Student Loans and Bankruptcy

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                        The Department of Education has just released guidance on how it will handle bankruptcy discharge requests for government backed student loan debt. And while the guidance is helpful, it’s also a bit disingenuous that it places the burden on students who believed what schools and colleges sold them as a smart financial move. The guidance wants to provide a balance ... Read More »

                          Why Your Student Loan Debt Might be Bogus and Uncollectable

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                          Over the past decade we’ve seen a number of scandals floating around debt ownership and robosigning. That’s the process where creditors swear they are the real owners of a particular debt but can’t actually produce the proof when pushed to. And sense most consumers fold up into a ball and mostly never fight back when they are sued over old ... Read More »

                            CFPB Says Student Loan Servicers Lie About Bankruptcy Discharge

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                            The Consumer Financial Protection Bureau (CFPB) has released a document critical of student loan servicers. Kind of an easy document to write because for the most part student loan servicers suck donkey balls with all their bad information and horrible advice to consumers. But here are the big items the CFPB says they really, really horrible at getting right. Misleading ... Read More »

                              Can You Discharge Private Student Loans in Bankruptcy?

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                              There’s a big misconception that private student loans can never be discharged in bankruptcy. People have repeated that statement so often they believe it to be a fact. The only problem is it’s not quite true. Some private student loans are clearly eligible to be wiped away in a consumer bankruptcy. Even in a Chapter 7 bankruptcy, it takes only ... Read More »

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