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Articles Posted in Student loans

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What Types of Income is Allowed Post-Disability Discharge of Federal Student Loans?

Some of our student loan clients have asked what they can make in terms of income and still be approved for a social security disability discharge.  Normally we tell them income from employment counts, income from investments do not.  For those that fear that they have to do a little…

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Do My Federal Student Loans Accrue Interest While I’m in School?

Many federal student loans placed in in-school deferment will accrue interest during school and capitalize upon graduation: Loan types that do not require payment of interest when deferring student loans include: Subsidized Federal Stafford Loans Subsidized Direct Subsidized FFEL Consolidation Loans Direct Subsidized Loans Federal Perkins Loans Consolidation Loans Loan types that do…

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Very Interesting Article this Week about Certain For-Profit Schools Receiving Federal Loans Although They Were Not Actually Eligible!

Interesting times to be a student loan attorney.  Just this week, a key decision was issued by the Fifth Circuit in In re: Crocker, No. 18-20254 which discharged private student loans.  Why is this important?  Well, it’s the first published Circuit level case on this issue.  And the Court ruled…

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Trend to Allow Separate Classification of Student Loans Is Not Always the Case

Sometimes, in a bankruptcy, we want to separately classify student loans, particularly federal student loans, where our client debtors can benefit from public service or income driven plans with debt forgiveness.  It’s also helpful to separately classify private student loans if we’ve otherwise reached a settlement agreement with the creditor. …

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Court Connection Published Our Article on the New Student Loan Management Program Today!

The Bankruptcy Court for the Middle District of Florida maintains its own newsletter called Court Connection which is distributed among court personnel and attorneys throughout the Middle District of Florida.  This Court is the third most busy bankruptcy district in the country!  One of the reasons it’s so active is…

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Scathing Audit of the Department of Education’s Oversight of its Servicers Show 61% Noncompliance

As a student loan attorney, I find this appalling.  What if someone hired me as their attorney and I failed to comply with the law 61% of the time?  I bet I’d be hearing from the Florida Bar pretty quickly and I’d probably lose my license to practice law. But…

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Little Known Process to Discharge of Federal Student Loans due to Disability

There is a separate process from the Social Security Administration’s process that is available through NelNet to discharge federal student loans (no matter who the servicer is).  It’s called a Total and Permanent Disability Application.  The good news is that it has been taking our firm only about two months…

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