Student Loan Adversary Filing – Lynn v. United States Department of Education

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. New York Summary of Document Filed: 12 February 2020 PACER Document Lynn v. United States Department of Education 31 December 2018 18-01874 63 Dischargeability – 523(a)(8), student loan United … Read more

Student Loan Adversary Filing – Townsend v. Nelnet, Department of Education

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. Washington Summary of Document Filed: 12 February 2020 PACER Document Townsend v. Nelnet, Department of Education 16 September 2019 19-04060 63 Dischargeability – 523(a)(8), student loan United States Bankruptcy … Read more

Student Loan Adversary Filing – Marie Joyce Holguin – Adversary Proceeding

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, D. New Mexico Summary of Document Filed: Adversary case 18-01042. (63 (Dischargeability – 523(a)(8), student loan)): Complaint by Marie Joyce Holguin against National Collegiate Student Loan Trust 2006-2, a Delaware … Read more

Student Loan Adversary Filing – Mitchel Newton Townsend – Adversary Proceeding

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. Washington Summary of Document Filed: Adversary case 19-04060. Complaint by Mitchel Newton Townsend against Nelnet. Nature of Suit: (63 (Dischargeability – 523(a)(8), student loan)) (CMK) (Entered: 09/16/2019) 16 September … Read more

Student Loan Adversary Filing – Robin A Lynn – Adversary Proceeding

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. New York Summary of Document Filed: Adversary case 18-01874. Complaint against United States Department of Education (Fee Amount $ 350.). Nature(s) of Suit: (63 (Dischargeability – 523(a)(8), student loan)) … Read more

Good News For People Wanting to Discharge Federal Student Loans in Bankruptcy

I would bet this case will be appealed because it sets a troubling precedent that allows for the elimination of federal student loans in bankruptcy. Richard Fossey wrote about this case yesterday. The background is that Kevin Rosenberg graduated with student loan debt that was never going to get repaid. But here is a deeper … Read more

Navient Claims All Private Student Loans Are Not Dischargeable in Bankruptcy. Court Disagrees.

A reader sent in the following statement regarding a case filed in Texas, “Just including a recent decision from the 5th circuit court of appeals that says Navient private student loans are discharged when bankruptcy is discharged, and that any contempt violation that occurred has to be in the court it happened.” I’ve actually written … Read more

Bankruptcy Discharge of Certain Sallie Mae and Navient Student Loans Takes Big Step Forward

Students in a classroom

Justice takes time. In 2016 I first wrote about Navient and Sallie Mae student loans that clearly appeared to be eligible for and dischargeable in bankruptcy if people had filed. See this post for more. At issue was the fact the student loans pushed by then Sallie Mae were not protected in bankruptcy from discharge … Read more

Imminent Suit Against Navient Raises Student Loan Bankruptcy Discharge Issues

Attorney Chad Van Horn in Florida, who by the way was just named a leading bankruptcy attorney, has an interesting case going. In this case, he is pursuing damages against Navient for continuing to attempt to collect on student loan debt following the bankruptcy discharge of his client. Van Horn raises a very interesting issue. … Read more

New Jersey Higher Education Student Assistance Authority – Hell Just Froze Over

New Jersey Higher Education Student Assistance Authority (NJHESAA) has been ruthless in collecting on student loans even when challenged by the State of New Jersey for being unreasonable. NJHESAA has been less than accommodating when it comes to debtors underwater with student loans. But attorney Edward Hanratty of Tomes & Hanratty managed to secure a … Read more

Educational Financial Services and Wells Fargo Bank Hit With Class Action Student Loan Lawsuit to Discharge Loans in Bankruptcy

Educational Financial Services (EFS), a division of Wells Fargo Bank, was sued in the Southern District of Texas alleging EFS should have known some of their student loans were dischargeable in bankruptcy. The suit filed raises some very interesting issues that have a direct impact on the rightful discharge of these private student loans in … Read more

Class-Action Case to Discharge Navient Private Student Loans Takes a Big Step Forward

Back in October of 2017, I published a post about a nationwide class-action suit against Navient. The case targeted an issue I first wrote about in 2013 regarding the eligibility of certain private student loans to be discharged in bankruptcy. Attorney Austin Smith and others have been participating in this case. As you can imagine, … Read more

TPD (Total and Permanent Disability Discharge) “Awarded” to a Personal Friend of Mine!

CONGRATULATIONS! Congratulations to my friend Pam for the complete discharge of her Student Loans! My friend Pam in her mid 50’s has three adult children, is divorced, and because of a stroke a few years ago, is unable to work and is living on SSDI on a monthly income of under $700.00! Pam attended a … Read more