In an opinion written by United States Chief Bankruptcy Judge Dale Sommers in Kansas Navient was just slapped down a bit. In 2012 I first started talking about the fact not all student loans are protected in bankruptcy. Since then there have been efforts by some, especially attorney Austin Smith to get the courts to …
Just by looking at the facts surrounding dealing with private student loans and bankruptcy discharge, it appears more private student loans should be eligible for elimination as they are not protected. But lenders have either taken to fighting hard to prevent discharge or smaller lenders seem to quietly give up and let the debt be …
An avenue of inquiry that is being pursued in an ongoing bankruptcy adversary proceeding might help to bring some clarity to what is the actual cost of attending a school where student loans are utilized. The court arguments are getting into the weeds, and that’s okay. Every nook and cranny is being evaluated to reach …
A group of attorneys are fighting the good fight in a case involving another stinking National Collegiate Student Loan Trust case. The arguments about why these particular private student loans should be discharged in bankruptcy have been sharpened through several cases and litigation. When I read the summary, in this case, it seemed that the …
Here is a very interesting bankruptcy case from earlier in 2020. Judge Jennemann had no patience for National Collegiate Student Loan Trust and eliminated the private student loans in full. She also awarded attorney fees to the consumer as well. This case shows, if a creditor claims your private student loans are exempt from discharge …
A recent opinion written by United States Chief Bankruptcy Judge Somers is a fascinating read. The bankruptcy judge excoriates the student loan position the government has held that student loans should not be discharged in bankruptcy. Of course, even that position goes against previous Department of Education advice that some federal student loans should be …
Let’s hope that August 31, 2020, can be remembered as an important day in the fight to break student loan debtors free from the lifelong debt slavery of student loans. The appeal court opinion in a case involving the discharge of Navient private student loans was McDaniel v. Navient. This case involved Navient Tuition Answer …
The following student loan bankruptcy adversary case filing is presented here to help others dealing with the same issues. Case Location: United States Bankruptcy Court, S.D. California Summary of Document Filed: Opposition to Defendant’s Motion to Strike filed by Christopher R. Bush of Christopher R. Bush on behalf of Krystal Anne Medina. (Attachments: # 1 …
The following student loan bankruptcy adversary case filing is presented here to help others dealing with the same issues. Case Location: United States Bankruptcy Court, W.D. Virginia Summary of Document Filed: Adversary case 20-07021. Complaint by Heather Parsons on behalf of Amanda Leigh Ratcliffe against Liberty University, Inc.. Receipt Number EXEMPT, Fee Amount $0.00. AP …
The following student loan bankruptcy adversary case filing is presented here to help others dealing with the same issues. Case Location: United States Bankruptcy Court, S.D. California Summary of Document Filed: Tentative Ruling. Department 3: Hearing Date and Time: 03/11/2020 @ 10:00 AM (related document 5 )(Admin.) (Entered: 03/10/2020) 10 March 2020 PACER Document Case …
