Published on:

By

Despite Secretary DeVos summarily denying virtually every Borrower Defense to Repayment application that was ever filed under her watch, don’t give up hope!

The Judge in Sweet v. DeVos just ruled that Secretary DeVos must give prior notice to the Court before denying any more borrower defense claims from student loan borrowers cheated by their school.  The court had threatened to enjoin the agency from issuing borrower defense denials, which prompted the Department of Education to stop voluntarily.

Now that the the tide of denials has stopped, the key is whether the Judge will vacate the tens of thousands of denials that were sent to 94% of borrower defense applicants since June 2019.  The class members have asked the Judge for an injunction and to vacate the prior denials – and is taking depositions now of officials with the Department of Education.

Continue reading →
Published on:

By

Are you STILL having problems with your mortgage servicer after catching up with your mortgage while in a Chapter 13?

Are you being charged a huge sum to catch up even after the bankruptcy is over?  A mortgage servicer is required by federal law to perform an annual escrow analysis on all loans for which it manages an escrow account.  But do they always do this?

Are you suffering not only from payment shock, but also negative credit reporting for these alleged deficiencies?

Continue reading →
Published on:

By

Good news.  There’s lots of money left in TEPSLF.  700 million was appropriated and as of September 2020, only about 87.5 million had been discharged under TEPSLF.  There is a new form here: https://studentaid.gov/sites/default/files/public-service-application-for-forgiveness.pdf.

Under the new form, you don’t have to apply for regular PSLF first, be denied, and then apply for TEPSLF.  And even more important, as I read the new form, you don’t have to wait until 10 years to determine if your prior “wrong plan payments such as those under the Graduated or Extended Plans” counts or not.  That is huge for someone wanting to make life decisions about whether to remain in PSLF a few more months/years for the win — or bail and start perhaps a higher income position in the private world or start their own business!

What is TEPSLF?  This is the fund that Congress set up to help those who were in the wrong payment plan so their student loan payment didn’t count toward Public Service Loan Forgiveness.  It does not fix the FFEL loan versus Direct loan fiasco.

Continue reading →
Published on:

By

Miller-SL-facetime-11-24
Join us tomorrow at noon EST/ 11:00 CST for a Facetime Interview between Jamie (Miller and Miller in Wisconsin) and Christie (Arkovich Law in Florida) as we discuss why NO ONE should feel compelled to return to work right now, just to be able to pay their student loans.

There are new avenues to say “Goodbye” to both federal and private student loans in many situations!  Things that everyday people and even your average bankruptcy attorney have no idea about!  NONE of these things we are doing for clients right now involve a future Act of Congress.  None.

“A lot of people, even some of the lawyers who represent consumers, thought for years that you really shouldn’t even try because there’s not a chance you’ll win, but I think everyone is looking at it now with sort of a fresh look,” says John Rao, an attorney with the National Consumer Law Center.

Continue reading →
Published on:

By

https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpg
Are you tired of endlessly paying on your student loans, only to see no headway at all being made?

I wrote this article for our local Cramdown publication for Tampa Bay attorney advocates and bankruptcy attorneys – these are tips that everyone should know about and ask their advocate for assistance with.  Don’t rely only on your servicer in other words.  Contact us if you’d like to know more about this.  These tips are designed to SAVE YOU MONEY and instead COST THEM MONEY.  This is kinda long, but the best tips are near the end, so please keep reading, it’ll be the best thing you’ll read all year if you have student loan debt!

The CARES Act signed into law on March 27, 2020 (the “Act”), provided for forbearance and interest waiver for all Direct Loans that are owned by the federal government.  Older Federal Family Education Loans (“FFEL”) were not protected by the Act, but the Department of Education encouraged servicers of these federal loans to take similar actions to relieve borrowers of the need to make payments during the pandemic.  Those with Perkins loans or private loans also were not protected from interest accrual or the need to make payments and this resulted in a patchwork of forbearances and other temporary payment relief.

Continue reading →
Published on:

By

SSA-overpaymentThe Social Security Administration (“SSA”) assesses overpayments in any instance where it thinks it may have overpaid benefits.  This most commonly occurs when a recipient doesn’t timely report a change in circumstances, such as income.

In many cases, the overpayment may be caused by the SSA itself, when it fails to update its records after receipt of a change in circumstances.  Or the SSA may deposit benefits into someone else with a similar name.  There is no way for beneficiaries to independently verify whether they are receiving the correct amount of benefits every month and instead they must rely on the SSA’s calculations.

Overpayments can be made over a lot of years – even 20-30 years.  Frequently, a mistake is caught and a handful of years have gone by, and the money has long been spent, usually on reasonable and necessary living expenses.

Continue reading →
Published on:

By

When creating a Power of Attorney, a lot of people simply download a form off the Internet, or use an old family form that may have been created decades ago.  Simple things can make a world of difference.

I spoke with a health care professional awhile back and she emphasized that the inability of someone to take a company to court for billing disputes, mismanagement of care, and financial oversight disputes was disturbing as there was little to no recourse for a family member to raise these issues.

Wait, what?

Continue reading →
Published on:

By

credit-circle
Did you know that simply having a mix of accounts is 10% of your overall credit score?!

A mix of accounts can show that you know how to manage all types of credit.  It is good to have a history of repaying an installment loan, such as a car or student loan, but a revolving account, such as a credit card, demonstrates more clearly that you can responsibly manage credit because you have to control how much you charge and pay each month.

It’s easy to ask a creditor to increase your credit line on an account as well – this way the unused balance will be larger which also helps.

Continue reading →
Published on:

By

Now that debt collectors are back and moratoriums are falling away, this is a good opportunity to remind Florida consumers about limitations that bind debt collectors.  Basically, things they may do or say that could get them into trouble, and give you recourse to sue or settle or more favorable terms.  So what do we look for?

  • Misleading letters regarding payment options, statute of limitations, or credit reporting.
  • Letters lacking required disclosures or misleading about dispute process.
Continue reading →
Published on:

By

Due to heavy demand, the CPAAcadmy is doing a video rebroadcast today at 10:00 of a Webinar course I did for them last month for those who help others try to reduce or get rid of student loan debt.

I also have a link to this on my website available anytime (audio only unfortunately).

So if you have an hour, your might want to tune it at 10:00 for the rebroadcast today!

 

 

 

Contact Information
1520 W Cleveland St
Tampa, FL 33606
Phone: (813) 258-2808
Fax: (813) 258-5911
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney / client relationship.

We are a Debt Relief Agency under the United States Bankruptcy Code. We help people file for bankruptcy relief under the Bankruptcy Code.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2025, Arkovich Law
JUSTIA Law Firm Blog Design