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. …

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

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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