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Major Changes to Now Allow You to Eliminate Federal Student Loans in Bankuptcy

Are you in an income-based repayment program? Have you been repaying your federal student loans for more than ten years? Have you tried to work with your servicer on a more reasonable payment plan? -or- Are you in default on your federal student loans?  And have you been unemployed for at least 5 of the …

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DOE and DOJ Issue Guidelines for Dealing with Student Debtors in Bankruptcy: Blah, Blah, Blah

On November 17, the U.S. Department of Education and the Department of Justice issued a 15-page document titled “Guidelines For Department Attorneys Regarding Student Loan Bankruptcy Litigation.” According to the memo, these guidelines aim “to enhance consistency and equity in the handling of [student-loan] bankruptcy cases.” These guidelines are bullshit and won’t do anything to …

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Another Half Assed Attempt to Fix Federal Student Loans With Bankruptcy

Another Half Assed Attempt to Fix Federal Student Loans With Bankruptcy

The Department of Education just released a guidance document to the Department of Justice on what they feel should be done to allow people to discharge federal student loans, partially or entirely. While I applaud the efforts by the Department of Education, it seems like we’ve watched this movie before. This guidance is just that, …

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Token Payments That Increase Student Loan Debt Make No F’ing Sense

“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass – a idiot”. – Charles Dickens, Oliver Twist About a year ago, I blogged on the bankruptcy case of Tamara Parvizi, a 51-year-old unlicensed medical doctor who sought to discharge $650,000 in student debt –most …

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Why is the Department of Education Forgiving Loans But Chasing People in Bankruptcy?

Earlier this week, the Department of Education wiped away all student debt owed by more than a million former students who attended one of the Corinthian Colleges campuses. The cost? About $5.8 billion. Since his administration began, President Biden has approved $25 billion in loan forgiveness for 1.3 million student borrowers. That’s a lot of …

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Marchus v. Student Loans of North Dakota: Another Victory for Student-Loan Debtors in the Eighth Circuit

In 2020, Debra Jean Marchus filed an adversary proceeding in a North Dakota bankruptcy court, seeking to discharge about $38,000 in student-loan debt. After a trial, Bankruptcy Judge Shon Hastings wiped out the debt. As summarized in Judge Hastings’s decision, Ms. Marchus began her journey through higher education in 1975, forty-five years before she filed …

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Bankruptcy Judge Discharges $220K in Federal Student Loans

Diane Ashline, a 47-year old single mother, worked for 20 years as a dental assistant. Hoping to increase her income, she took out student loans to get an undergraduate degree and a master’s degree from Kaplan University, a for-profit school. Unfortunately, these degrees did not help her financially. Ashline never defaulted on her student loans. …

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Dept of Ed Position in Student Loan Bankruptcy Case is Nukin Futs

Tamara Parvizi, age 51, sought to discharge $653,743 in student-loan debt in a Massachusetts bankruptcy court. That’s a lot of debt–just shy of two-thirds of a million dollars. For 15 years, Parvizi took out student loans to pursue several degrees, and she became fluent in at least four languages. Nevertheless, Parvizi never made a single …

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Bankruptcy Judge – “This Student Loan Case Fits the Definition of Insanity”

In Goodvin v. Educational Credit Management Corporation, Judge Dale Somers, a Kansas bankruptcy judge, began his opinion with these words: “This student loan case fits the definition of insanity.” Judge Somers went on to chronicle the story of Jeffrey Goodvin. Mr. Goodvin attended Wichita State University for four years (1982-1986) but did not obtain a …

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Bankruptcy Judges Eliminates Federal Student Loans Without IDR First

Seth Koeut was born in Cambodia and came to the United States as a child. Like many immigrants, he applied himself energetically to obtain a better life. He graduated 6th in his high school class and went on to earn two bachelor’s degrees from Duke University. Mr. Koeut then went to medical school and received …

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