Many folks who have filed applications for Borrower Defense to Repayment seeking to discharge their federal student loans due to fraud by the school, are running into problems with their servicers sending bills that payments are now due — even though the application is still pending and the loans should…
It’s extremely important when consolidating federal loans that you do not add any Parent Plus loans to the consolidation of your own loans. It will taint the new loan and disallow many favorable options. Here’s an excellent example from a current client (Cecelia) who came to see us before she…
Anyone with a federal HEAL student loan, should be aware that additional consequences can occur in the event of default. One of these consequences is exclusion from Medicare, Medicaid and all Federal health care programs pursuant to 42 U.S.C. Sec. 1320a-7(b)(14) for failure to pay your Health Education Assistance Loan(s)…
On January 31, 2019, Judge Stong of the Eastern District of New York denied the Motion to Dismiss filed by SLM Corporation, Sallie Mae, Inc., Navient Solutions, LLC and Navient Credit Finance Corp. In this Memorandum Decision, the Court dealt a blow to the private student loan defendants when it permitted…
Discharge by disability is something that I don’t see enough borrowers take advantage of to eliminate student loan debt. Today, there was a story in the Wall Street Journal, “Over 60, and Crushed by Student Loan Debt” focusing on the large increase of borrowers over age 60 who have student…
One key difference in the foreclosure crisis versus the student loan bubble is that many believe there is no possibility of relief. That is something that we seek to change every day for our clients via affirmative lawsuits for discharge of what is really consumer debt as it was debt…
This week, Adam Walser of ABC Action News reports on the problem where licensed health care workers who are in default on their federal student loans are at risk of losing that license here in the State of Florida “Florida Board of Health Suspends Health Care Licenses Over Student Loan…
Generally, approval is needed from the bankruptcy court to take on any new debt in the form of a new federal or private student loan. This would include the filing of a refinance or even a consolidation application – as these are considered new loans. ECMC, the guarantor of FFEL…
You still need to pay your student loans when you are furloughed or else you risk a default. But if you are a federal employee, take this opportunity to ask your servicer to recalculate your IDR plan while you’ve got zero income!! Even if the shutdown ends next week, your…
When you are thinking about hiring a bankruptcy attorney, what should you consider? – besides all the regular stuff like client reviews, years of practice, cost, availability, knowledgeable, friendliness of attorney and staff etc. One thing to keep in mind is what other areas does that law firm handle and…