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My Tuition Answer Loans Are Still Being Collected by Navient But Should They Have Been Discharged in Bankruptcy?

Question: Dear Steve, I filed a Chapter 7 bankruptcy in 2010 and my tuition answer loans look like they were included in the list of debtors as “Chela” at the time. Originally taken out through Sallie Mae. I was made aware that they would not be dischargeable because they were student loans. I’ve rehabilitated them …

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Tuition Answer Loans and Potentially Other Private Student Loans Might Not Be Collectible by Navient

Navient has had a loss in a lawsuit regarding Tuition Answer Loans. United States Bankruptcy Judge Elizabeth Strong has issued a Temporary Restraining Order (TRO) saying “Navient is restrained and enjoined from taking any acts to collect on Tuition Answer Loans held by the Plaintiffs and the Putative Class Members, as the class is described …

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The Law Just Leaned a Little Towards Student Loan Debtors

Happy Couple Tablet

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 …

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An Example Why Private Student Loan Debt in Bankruptcy is Difficult

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 …

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Shocking Landmark Ruling on Private Student Loan Bankruptcy Discharge

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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 …

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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 …

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Navient Solutions – CFPB Complaint ID 2785050

Consumer Complaint Submission

Date Received: 2018-01-18T00:00:00 Product: Private student loan Issue: Struggling to repay your loan Consumer Consent Provided to Share Complaint: Consent provided Consumer Complaint: In XX/XX/XXXXI received offers for Tuition Answer loans from XXXX XXXX, ppaid to borrower ( myself ) as a single parent to assist the needs for my son beginning to attend XXXX. …

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Bankruptcy Law and Student Loans

Private Student loans are very dischargeable in bankruptcy and I’m going to show you are.   These types on loans can be as dischargeable as a credit card.  Let’s take a look at the Bankruptcy Code. Section 523(a)(8) of the Bankruptcy Code (2005) states: unless excepting such debt from discharge under this paragraph would impose …

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