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Tag Archives: Student Loan Bankruptcy Discharge

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

Clapping Business People

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 »

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


    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 »

      Department of Education Reaches Decision About Student Loans and Bankruptcy


      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 »

        The Student Loan Realities We Can’t Ignore Anymore


        An alternate view on student-loan payment performance data is challenging the prevailing narrative that tends to greatly downplay the problem. In his recent Wall Street Journal column, Josh Mitchell correctly observes that after accounting for the fact that only half of all student loans are actually in repayment (the other half are deferred because the borrowers are still in school), ... Read More »

          Can I Really Discharge My Student Loan Cosigner Liability in Bankruptcy?

          Mature woman confused

          “Dear Steve, I am currently filing for Chapter 7 bankruptcy in TX. A large amount of my debt comes from being a co-signer on multiple private student loans for my son. He graduated Dec 2008 with a finance degree as the economy was headed down. He was not able to get a job for more than 1 year. He worked ... Read More »

            A Look at a Cosigners Navient Student Loans Discharged in Bankruptcy

            Student Loans Concept

            As part of what has become an ongoing look at student loans discharged in bankruptcy the example today is where a cosigner discharged their liability for federal student loans with Navient Solutions. This case is yet another example of how the financial hardship of having to repay unmanageable student loans can lead to a discharge of the student loan debt. ... Read More »

              Half Million Dollars of Federal Student Loans Discharged in Bankruptcy


              So many people continue to assume student loan debt can’t be discharged in bankruptcy. Even bankruptcy attorneys perpetuate this myth as well. In previous articles, that you can find here, I’ve shown specific examples of both federal and private students loans discharged. I’ve even pointed out broad niches of student loan debt not protected by bankruptcy, in this article. But ... Read More »

                I Filed a Chapter 7 Bankruptcy are My Student Loans Discharged? – TMD

                Student Loan Corkboard Concept

                “Dear Steve, I filed ch 7 in 2011 & was succesful. My student loan was listed under my debts discharged but not in the student loan area. If my student loan debt was discharged as a listing of all of my debt but not under the student loan section of the paperwork should I still have to pay it or ... Read More »

                  Another Example of Student Loans Discharged in Bankruptcy


                  I’ve been writing more about bankruptcy cases that have resulted in student loan discharges, see here. And in doing some more research I came across another case from 2012. In the Northern District of Georgia a consumer was able to get the following loans discharged: Oakland Community College – $754.80 Texas Guarantee Student Loan – $48,135 U.S. Department of Education ... Read More »

                    How to Really Discharge Your Student Loans in Bankruptcy. Many Can. But Never Try.

                    Student Loan Corkboard Concept

                    For years we’ve all heard the same message that it’s near darn impossible to discharge student loans in bankruptcy. We’ve heard that the undue hardship standards make it so onerous that expecting a student loan discharge is all but an act of God. But what if that belief was actually more myth than fact? Recently Jason Iuliano, (J.D. Harvard Law ... Read More »

                      Can I File a Chapter 11 Bankruptcy on My Sallie Mae Student Loans? – Stephanie

                      Ready to Collapse

                      “Dear Steve, I have 150K in student loans from Sallie Mae. I borrowed only 100, but 50K is interest. My current loan payment every month is 1000.00 and that is JUST interest. I have called and called them to try and get a lower monthly payment, and the only thing they will do for me is make them interest only ... Read More »

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