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Christie_1A post on Theresa Sweet’s [Plaintiff in Sweet v. Cardona’s class action BDTR lawsuit] Facebook page says the majority of workers reviewing BDTR claims have been laid off and majority of Ombudsman staff have been fired.

For several months now, we have been of the opinion that while filing a Borrower Defense to Repayment application is free and available, we do not expect to see any discharges any time soon for new applications that are filed after the Cardona class action settlement.  You may expect to see a forbearance due to the filing, but use it more as a place marker to give you time to explore and take advantage of other ways to deal with your student loans.

Please see our last blog re: documents/downloads you should do now to keep track of your records.

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Much like the NASA moon landing, I have two very different powerpoints ready for a student loan presentation today at 2:00 p.m. for the National Association of Consumer Advocates (NACA)  And I might be checking X on my phone every few minutes to see if there is any new Executive Orders out about dismantling the Department of Education!

Really though, there are some things working and working really well re: student debt.  But it’s gonna look different.  A lot different.  If you’re an attorney, tune in!  I bet NACA records these things also.

Webinar_sizedb_107508

 

Bankrupty May Be the Best Choice for Student Loan Relief Post-Election

February 5, 2:00 p.m. ET–3:30 p.m. ET

Pricing
Members: Free

Nonmembers: $90

If you have not yet been approved to attend NACA webinars, please email training@consumeradvocates.org to be vetted to attend. Join NACA today to get this webinar and so many more benefits at no additional cost!

Have you been wondering how the new ED guidelines for discharging federal student loan debt in bankruptcy may help in your practice?  This webinar will explore potential relief for student loan debt in the next administration.

Please note that there will be a 30-minute online conversation following the webinar for those who want to stay on and chat about students loans and bankruptcy.

What You Will Learn
  • What is the new Attestation Process in bankruptcy?’
  • What do you need to do in advance of filing?
  • What can you expect after the election?
Speaker
Christie Arkovich has been an AV rated Florida licensed attorney for more than 25 years since graduation from Stetson College of Law in 1992 with honors. In addition to Law Review, Ms. Arkovich gained practical experience by an internship with the Hillsborough County State Attorney’s Office and a clerkship with the Florida Bar. Thereafter, she worked in commercial litigation for three years for private law firms until starting her own consumer practice in 1995. Whenever possible, Ms. Arkovich takes the opportunity to share her knowledge about student loans gained from prior work as trial counsel for Sallie Mae, ECMC and other student loan servicers or guarantors, and from her practice now on the consumer side of things. She recently served on the Student Loan Committee for the new Student Loan Management Program in the Bankruptcy Court for the Middle District of Florida.

 

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Christie_1Well, we are now midway into the second week of President Trump’s administration.  What can we expect and how can you deal with your federal student loan payments?

Importantly, there were no first day Executive Orders, and none so far other than the appointment of a new Secretary of Education.  I view that as good news.  That tells us that the new administration is not focused on student loans – at least not to the extent that it could have been.  We’ve seen orders withdrawing our country from WHO, and the Paris climate whatever, but nothing about PSLF, the IDR plans, or even the elimination of the Department of Education.

However, it’s coming.  There will be a week where student loans will be all the talk.  Do you wait until then to make decisions?  I don’t think that’s a good idea now.

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If you have debt issues and are in the Tampa Bay area, the Tampa Division of the Middle District of Florida is headquartered in downtown Tampa, Florida. It serves Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties.

If you are in any of these counties, and are running into debt related problems, we may have a solution for you.  This includes pretty much every kind of debt, even including student loans.  There are solutions out there, and we try to avoid political minefields whenever possible – and look for real solutions available now!

We do charge for student loan related Strategy Conferences as we can often fix the problem right during the conference, and we have free consultations for other kinds of debt.  See what options exist.  Real options.  Consults are available by phone or Zoom.  While we have a physical office in Tampa, we find that most everyone finds it far more convenient and efficient to do these virtually.

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arkovich_law-narrowSo what exactly does a Chapter 13 do with regard to debt that is co-signed by someone who did not file bankruptcy?  What about debt that survives a bankruptcy such as many (but not all) student loans?

First off, a co-debtor stay is imposed immediately when a Chapter 13 is filed.  That means any collection action, including phone calls, are supposed to cease immediately for the co-borrower even though he or she did not file their own bankruptcy.

Second, a Chapter 13 bankruptcy plan payments appear to toll the statute of limitations whether or not the trustee makes the payments once a creditor files its proof of claim that survives any debtor objections.

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Christie_1A few things I was thinking of today.  First, we received notice from Nelnet of a client approval for Total and Permanent Disability.  This particular client was pretty healthy, but was of advanced age of 76.  I’m pretty sure no employer would be interested at age 76.  He’s been retired for 13 years from a defense contractor and the military prior to that.  Since he flew jets for the military, that was an easy sell for the TPD program.  The fact that the program he used to work on for the defense contractor has long since gone away, plus he no longer has a security clearance and the vast majority of his skills are likely outdated, we leaned on the SSI’s verbage for advanced age.

Under the Social Security Administration’s website at ssa.gov, the Code of Federal Regulations Section 404.1563 states under (e) that they consider that for a person of advanced age (age 55 or older), age will significantly impact a person’s ability to adjust to other work.

I’d rather not compare our client to an old dog, but you know that saying that an old dog can’t learn new tricks.  Well, it kind of applies here.  We sent some of these regs and arguments to our doctor and obtained the physician certification shortly thereafter.  Today, we received the official notice that our client’s six figure loan balance was forgiven.

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arkovich_law-narrowThe Federal Reserve is meeting today and widely expected to start to reduce interest rates.  I last heard that there was a 55% likelihood for a .50 cut.  Frankly, I’d expect a .25 cut.  But if they want to reach a goal of 100 basis points cut by year end, they almost have to do a .50 cut today.

So one big question: how much and how quickly will that trickle down to ordinary consumer debt?

A lot of people would like to avoid bankruptcy.  I get it.   The Wall Street Journal published an article yesterday that while consumer credit debt is up 11% over last year, other sources of credit are drying up and no reasonable alternatives exist.

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Christie_1So you may have heard by now that all consolidation applications are being processed by Aidvantage.  The online system is completely frozen.  And that most people are being placed into forbearance while the system is frozen.  Just last week, the Department of Ed asked one of the courts for clarification of its injunction order and was told that no clarification would be forthcoming.  So we wait.  The U.S. Supreme Court will have to rule on all this.

It’s important to still move forward however.  If SAVE survives the court challenges, you want to have your Parent Plus loans in place ready to be placed into SAVE.  Even if SAVE doesn’t survive, perhaps one of the other IDR plans is better than ICR.  How do you move forward with the online system stuck, and only one servicer processing paper consolidation applications?

The key is to use snail mail – send half to Aidvantage, wait 45 days until the consolidation is done.  Then send the second half to Aidvantage to consolidate using snail mail.  Wait 45 days.  Then recombine all the Parent Plus loans in a final consolidation application sent to – you guessed it – Aidvantage.

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Christie_1Here’s a review posted recently about our student loan videos:

  • I wish the views on this channel were much higher. Christie is both thorough and concise. It’s the best channel on YouTube regarding student loans.

I know that it’s more confusing than normal now with all the litigation and holds put on federal student loans right now.  Processing of IDRs have been slowed considerably – and while you wait, your loans are placed into forbearance.  This forbearance may ultimately count toward IDR but it’s a mixed bag whether it will count if you ask now.

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arkovich_law-narrowBankruptcy is all about full disclosure.  Tell the trustee or court whatever assets you have and in return you receive a full discharge of most debt.  The reason I say most debt is because there are rules re: IRS debt, student loan debt and secured debt such as vehicles, 401k loans, etc.

One thing that is often overlooked is potential consumer claims that a debtor may have in bankruptcy.  Things like claims against credit furnishers, debt collectors etc.  Not only should you disclose these potential claims in order to receive the discharge in bankruptcy, but by failing to disclose the claims you will face hurdles in pursuing them later.

Often a bankruptcy trustee doesn’t want to pursue the claim and simply abandons it.  Then you are free to pursue either during the bankruptcy or thereafter.  You also may have unused exemptions to protect such a claim in case you want to raise it later.

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