Whoo Hoo! In a class action Sweet v. Cardona, the parties, including the Department of Education, have just announced a settlement of Borrower Defense to Repayment claims (“BDTR”). It’s still early, and we don’t yet know if this settlement will be approved by the Court or if some of the…
Articles Posted in Student loans
Chapter 13s – Easier to File Now Due to Debt Cap Increases
If you have significant debt but have been told that you cannot file a Chapter 13 consumer bankruptcy, now you can file bankruptcy and not risk dismissal by the U.S. Trustees office. This change occurred because the Bankruptcy Threshold Adjustment and Technical Corrections Act was signed into law yesterday. Prior…
Finally Relief is in Sight for Joint Consolidation Loans!
On Friday, the Senate passed a bill that would provide relief to thousands who have been trapped in a long battle with the Department of Education after a married couple had the misfortune of consolidating their loans. While at first blush that may have seemed like a good idea, the…
DeVos Denial of BDTR application? Stay tuned!
This week, the parties in Sweet v. Cardona filed a motion with the court that they had reached a settlement in principle to resolve the case. As a quick refresher, this case challenged 1) the Department’s failure to issue timely adjudications on borrower defense claims and 2) the Department’s blanket denials…
Navient Refund Checks!
I’m happy to say that we are starting to see Navient refund checks coming in! A client today received a check for $13,795 which represents payments he had made on a Navient private student loan after June 30, 2021. The remaining balance on these loans were forgiven per the Navient…
Borrower Defense to Repayment Update
We’ve made the difficult decision to not take any further clients who have requested assistance in filing Borrower Defense to Repayment applications. Importantly, it is NOT because the program itself won’t result in possible full forgiveness, we still expect that for many borrowers, but it is taking a longgg time. …
Student Loan Update!!
Our in person student loan presentation went well this week at the annual Alexander L. Paskay Memorial Bankruptcy Seminar – hopefully, our efforts to spread the word about student loan debt relief is getting to the masses! The absolute easiest way to check for updates is our Student Loan Sidebar…
Debt Caps Increase for Chapter 13s — Big Help for Those With Large Student Loans
Whoo hoo, just in time to save one of our Chapter 13s with crazy high student loan balances and an ED POC that was gonna torpedo us. Now we are going to be able to file our adversary to hopefully drastically reduce the private student debt and make our client’s…
Alexander L. Paskay Bankruptcy Seminar is a GO!
After being cancelled for last couple years, the Alexander L. Paskay Bankruptcy Seminar is a GO for March 19-21, 2022 at the Tampa Marriott Water Street in Tampa. I am honored to have been asked to present on a panel regarding student loan strategies, tax issues and dealing with the…
What you Need to Know about the Navient/Attorney General settlement
$1.8 Billion Navient Settlement — Are You Included? We’re starting 2022 off with good news. There is a $1.8 billion student loan settlement between Navient (a loan servicer) and 39 different state attorney generals. In the settlement, Navient agreed to “refrain from informing private loan borrowers that their loans…