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Category: Student Loans

Discharging Student Loans in Bankruptcy Proceedings

As bankruptcy relief attorneys here in Florida, we frequently receive questions surrounding whether student loans can be discharged in bankruptcy. In a nutshell, the courts can agree to discharge student loans in bankruptcy proceedings, but you first have to prove that they are causing you undue hardship. This includes both federal and private student loans, although they involve different processes. Therefore, the answer to this question is yes, but it is a complicated process that is not guara[...]

Tips on Handling Student Loan Debt

  Statistics reveal that Americans owe approximately $1.6 trillion in student debt with 44.5 million of the individuals facing monthly student loan bills. While an average undergraduate borrower in 2017 owed $28,650, more than 2.5 million individuals have $100,000 or more in combined debt. These serious debts can cause some individuals to struggle with substantial debt.  Unfortunately, to make matters more complex, many individuals with student loan debt are unable to discharge the amount [...]

Can Student Loans be Discharged in Bankruptcy?

  Student loan debt is a growing problem in the United States as the cost of higher education and difficulty obtaining employment with a reasonable salary combine to make life difficult for college graduates. As of 2018, American citizens owe over $1.4 trillion dollars in student debt, outpacing the nation’s multi-billion dollar credit card debt. Student loan debt can create a crippling burden for people of all ages, eventually leading to the need to consider bankruptcy as an option for f[...]

Florida Student Loan Forgiveness Lawyer

Stop me if you have heard this one before: “Student loans are the only kind of debt that you must always continue to pay, even if you declare bankruptcy.” Odds are, you have heard it before. Heck, it has been at the center of some high profile presidential races recently. As with any exceptionally strong statements that rely on words like “only” or “always,” the cautious observer will remain healthily skeptical until all the facts are in. While it may be true that discharging student[...]

Discharge Student Loans From ITT Tech

Discharge Student Loans As many have now heard, ITT Technical Institute (“ITT Tech”) has shut down its operations.The chain of schools was a ubiquitous example of for-profit post-secondary education and, at the time of its shutdown, maintained 136 campuses and boasted an enrollment of over 40,000 students.  ITT Tech is just one of a number of private institutions and chains, including Corinthian Colleges, Inc, that have closed their doors in the past few years leaving students wondering wh[...]

Relief From Student Loan Debt

Attending college is an opportunity to obtain education to chase the dream of an aspirational career with more income and satisfaction than could be obtained without a degree.  And, colleges sell that dream.  All colleges, public and private alike, engage in activities to recruit students to attend their college, pay their tuition, and in turn, support their institution.  Colleges have whole positions and often offices dedicated to the recruitment of new students.  Private, non-profit instit[...]

Court Refuses Request to Discharge Student Loan Debt

Most Florida residents know that Jacksonville, Florida is home to Florida Coastal School of Law, a private law school, and frequent readers of this blog, know that the discharge of student loans in bankruptcy is a hot topic.  Today we’ll be talking about a recent bankruptcy decision that involves them both, Tetzlaff v. Education Credit Management Corporation.    The Debtor’s Situation The debtor, Mark Tetzlaff, filed for Chapter 7 bankruptcy in 2012 seeking among other things, disc[...]

Updates on Student Loan Debt

Student loan debt remains a huge problem in the United States. It seems like there is a near endless stream of stories coming out about students who are unable to obtain employment at a level that will allow them to make substantial payments towards their student loans.  These students are left with the daunting realization that they will be making student loan debt payments for life.  And many still won’t ultimately pay off all of their debt.  This is more than an anecdote, statistics have[...]

Everest Student Loans Update – Buyer Agrees for $480 Million Debt Forgiveness

As we’ve discussed in earlier posts on Adam Law Group’s bankruptcy blog, Everest student loans are one of the major sources of debt for many Americans and under current law, it is very difficult, though not impossible, to discharge them during bankruptcy. Yet, there is reason to be more optimistic.  The public and legislatures have begun to recognize the overwhelming student loan crisis and to propose solutions.  A house bill has been proposed that would make it easier to discharge stud[...]

Student Loan Relief in Bankruptcy

Will Student Loan Relief Soon Be Available in Bankruptcy Proceedings? John Delaney hopes so.  Not the University of North Florida President, but a US Representative from Maryland by the same name.  Delaney filed a bill (H.R. 499) that would provide student loan relief by removing student loans from the bankruptcy code’s list of non-dischargeable debt in 11 USC 523. Current State of Student Loan Bankruptcy Law As discussed in earlier blogs, student loan debt is currently considered non-dis[...]