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Articles Posted in Student loans

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Bankruptcy Discharge of Federal Student Loans DOJ Attestation Process – How is it Going?

I ran across this statistic and wanted to share with you about the DOJ attestation process to discharge federal student loans. A great many are still pending. From 12/5/2022 through 7/15/2023 nationwide: 409 new complaints 205 new attestations (I don’t know what exactly this means) 70 Rec. Guidelines Met 32…

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Are Your Loans Part of the Homaidan Lawsuit and What Does This Mean?

Say you have a private student loan and you have previously filed a bankruptcy.  Was your private student loan discharged?  I’m presuming you did not file an adversary case to obtain a specific ruling as to dischargeability of these loans. What is Homaidan? Loans that could have been discharged as…

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What is the IDR Recount and What Happens During a Strategy Session with Us?

We also would want to take advantage of any other programs out there such as the IDR recount going on right now. Normally, we walk borrowers through the process for that during our strategy session and get it done then. The IDR recount is huge – it’s allowing forgiveness for people…

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Prior TPD Discharges are Now Transferring to IDR Recount for Quicker Forgiveness

For people granted TPD, who are also eligible for IDR AUDIT Forgiveness, Dept. is moving TPD people from TPD forgiveness to IDR Audit forgiveness.  While there is no 3 year income monitoring on TPD anymore, there still is a three year monitoring on TPD for things such as returning to…

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Why You Need an Adversary in Bankruptcy to Discharge Student Loans

The Supreme Court decision of United Student Aid Funds v. Espinosa (2010) 559 U.S. 260 is usually cited for the proposition that a court may not make an order on whether student debt is discharged without an adversary proceeding. In USAF v. Espinosa, the issue was whether confirmation of a chapter 13…

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IDR Recount — Yes it’s Real! Here’s a sample:

Dear X, Congratulations! The Biden-Harris Administration has forgiven your federal student loan(s) listed below with Nelnet in full. This debt relief was processed as part of the Biden-Harris Administration’s one-time account adjustment because your student loan(s) have been in repayment of at least 20 or 25 years. An adjustment to…

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