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Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog

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When Does a Presumption for Discharge Exist for Federal Student Loans under the New DOJ Rules?

The new DOJ Guidance to discharge federal student loans in bankruptcy creates presumptions that the inability to repay a federal student loan will persist if: The debtor is 65 or older; The debtor has a disability or injury impacting income potential; The debtor has been unemployed for at last 5…

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Relief is Rolling Out Now that the Stay was Denied in the Sweet v. Cardano Settlement!!

Here’s a copy of a redacted letter our client received today – her loan is now toast!  We should expect many many more in the next few days… Borrower Defense Application School: Argosy University Approval of Your Borrower Defense Case Under Exhibit C of the Sweet v. Cardona Settlement Dear XX: You…

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How to Discharge Federal Student Loans Using the New DOJ guidance

Reminder, ABI’s presentation for the new DOJ bankruptcy attestation discharge process is today at 3:00 p.m., here’s the link:  https://abi.org/events/student-loans-in-2023-is-bankruptcy-finally-a-viable-option?utm_source=social&utm_medium=banner&utm_campaign=abiLIVE_studentloan23&mibextid=unz460 We are presenting along with Chad VanHorn from South Florida to explain how to file these cases, and give practical tips along the way!  I’m sure the ABI will have…

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What is the new DOJ Guidance Supposed to do for Debtors in Bankruptcy to Discharge Federal Student Loans?

I’m jointly presenting a webinar this week for the ABI on the new DOJ procedures to allow the discharge of federal student loans.  The intent of the DOJ in reviewing student loans for discharge is to help create a process that allows: Clarity, transparency and consistency Reduce burdens by simplifying…

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If Offer and Compromise Works with the IRS, will it also Work with ED for Federal Student Loans?

Turns out yes.  I just read a pretty cool story in the New Yorker about a 91 year old lady, perfectly healthy, obtained a full forgiveness under a “compromise and settlement authority” provided for under the Higher Education Act of 1965.  Although it is a last ditch effort as there…

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What is the Difference Between an EIDL loan versus a EIDL grant?

The Economic Injury Disaster Loan (EIDL) program is a loan and grant program offered by the U.S. Small Business Administration (SBA) to help small businesses and non-profit organizations recover from economic injury caused by a declared disaster. The EIDL program provides two types of financial assistance: EIDL loans and EIDL…

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IDR Waiver – One Time Account Adjustment – This is a Really Big Deal and the Deadline is Fast Approaching!

What is the IDR Waiver? The Short Version:  if you have an older FFEL loan, even a prior FFEL Consolidation Loan, make sure to consolidate this to a newer Direct Loan asap if you want all of the relief this program allows (contact us if you have any doubts or…

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What is the Brunner Standard for Discharging Federal Student Loans?

The Brunner standard is a legal test used in certain circumstances to determine whether a borrower’s federal student loans can be discharged in bankruptcy. The test was established by the U.S. Supreme Court in the case of Brunner v. New York State Higher Education Services Corp. (1987). The Brunner test…

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