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Patriot-Act
This week 60 Minutes aired a student loan story about a Home Depot founder who donated hundreds of millions and raised additional funds to make NYU’s medical school tuition free.  While this was a great story, and a compassionate thing to do to ensure that the lower paid physician fields such as general practice and internal medicine draw new doctors in today’s world where it costs several hundred thousand for medical school, still the impact is minimal if you look at the landscape of 1.5 trillion dollars of student loan debt out there.

A better overview of the enormity of the student loan debt bubble, how we got here, and possible solutions, check out the student loan story on the Patriot Act by Hasan Minhaj, airing on Netflix.

A clip with me about Navient appears 8 minutes in, another of our Florida client’s news story about losing her medical LPN license when in default on her federal loans was quickly on in the beginning, and another client spoke of his denial of PSLF, and our class action against Navient for misleading people into believing they qualify for PSLF is 16 minutes in.  It’s only  a ½ hour show – talks about the recent IG audit too:  61% of the time when dealing with your student loans, the federal student loan servicers screw up.  The story focuses on the fact that the Department of Ed is the biggest lender out there, isn’t prepared to be, and how horrible of a job the servicers do and that student loan debt is now more than vehicle and credit card debt combined etc.  Here’s a link on YouTube – it’s well worth the watch:

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Harper

Calling all dog lovers!  Since greyhound racing will cease to exist in the next two years, all the greyhounds will need to be re-homed.  Our friend Hope just adopted this lovable greyhound named Harper and she is so sweet and loving!  Contrary to popular belief, they don’t need to be run around – she’s basically a big lazy cat with lots of elbows.  It’s also really neat to have both an adult dog (already potty trained and calm), who views the world through the eyes of a puppy as many things are brand new to her!

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Faced with a nearly impossible standard to discharge federal student loan debt in bankruptcy due to undue hardship, creative debtors’ attorneys and the bankruptcy courts are continuing to create pockets of relief wherever possible.

Finding that “non-dischargeability does not immunize the student loan claim from modification,”a bankruptcy court confirmed the debtors’ plan under which their payments would go to the principal on their student loan debt with accumulated post-petition interest to be paid post-discharge. In re Duensing, No. 18-10201 (Bankr. D. Kans. Feb. 22, 2019).

The guarantor of the loans, ECMC, objected to the debtors’ proposed treatment of the student loan debt arguing that, because the reduction of principal would result in declining post-petition interest, the proposed plan effectively discharged her student loan without a finding of undue hardship.

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgMany people are facing uncertainty about PSLF for all kinds of reasons.  We’ve focused on those who were told they were in the PSLF program only to find out that their loan types didn’t qualify all along, and now they have to start all over.  We also help borrowers who were in the wrong payment plan and their servicer should have known that that plan did not qualify for PSLF.  Congress even set up a TE-PSLF program to temporarily waive those in the wrong payment plan provided their payment was at least as much as it would have been under IDR.

We now see two other issues popping up with more frequency.  Those encouraged to go on forbearance when they should have been on an income driven plan at a low or even zero payment which would have qualified for PSLF.

One other issue that a potential client is facing is having her PSLF certification under review now for years.

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgHow can you trust your student loan servicer when they don’t follow the law 61% of the time per a recent Inspector General’s Report?

Let’s look at a relatively simple chore – re-certification of income under an income driven plan.  What appears to be simple, can have meaningful impact.  If nothing has changed, you likely can do it yourself – but do yourself a big favor and keep reading just in case.  Here is a brief explanation of what we do to re-certify the borrower’s income to remain in an Income Driven Plan (IDR) for federal student loans:

When we are asked to re-certify an IDR plan, we ask that the borrower advise of their marital status, income of each spouse, # and circumstances of dependents, amount and type of federal loans, and lastly whether the borrower is working or intends to work public service.  There are times that nothing has changed from the borrower’s prior circumstances the previous year and we likely would simply submit their tax return to renew.  We would need to obtain a signed authorization form and often follow up with the servicer(s).  We are often re-explaining how the forgiveness works, the 1099 expectation, impact on their credit, ability to qualify for a mortgage one day.

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2019-Florida-Median-Income-BankruptcyThe new median income figures are out this week.  Whether you are above or below these figures is not the only factor that is looked at however.  But many of the expenses allowable under the Means Test have increased and if you were borderline last year, you may qualify for a Chapter 7 now.  Or have a lower plan payment in a Chapter 13 bankruptcy.

Florida single wage earner – $49,172.

Family of two – $60,400

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170x170bbA bankruptcy attorney colleague, Don Golden, has started a new Podcast, The Fresh Start for Life, and has graciously had me on as one of his first guests.

Tune in to listen to our chat where we talk about options to pay off student loan debt.  Links for Itunes, Spotify, Google and Sticher at the end of this post.

Student Loan Debt-Know Your Options with Christie Arkovich

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgI regularly ask for hardship letters from our clients in our student loan and other debt settlement cases.

One of our clients began his letter “Dear Student Loan Sharks”….  I took that part out, but if you read his letter, you would be very saddened by what has happened to him.  Out of a family of nine siblings, he was the only one to go to college.

However, his bright future was cut short when he went to I.A.D.T., which was acquired by Sanford-Brown, both of which were shut down.  His credits and degree are worthless.  Employers don’t recognize these degrees and schooling.  These schools told him he could make 90k in his field a few years after graduation.  They showed him charts and graphs.  Upon graduation, he made less than he did serving tables before college.  Now with a mountain of debt.  Federal and private loans.

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgOur last client of the day yesterday had this to say:  “Navient misled me by having me place my loans on forbearance and deferment rather than on an income driven plan, and also kept me on non-qualifying loans for loan forgiveness for public service.  Had they guided me through this process correctly rather than misled me, I would have had my loans already forgiven because I am on my 13th year with the federal government”.

Instead this client is having to start all over again.  He only owed $20,486 upon graduation in 1994  in seven loans.  He’s been paying what he could for many years.  Now he owes $42,000 — in 2018.  He’ll never see any forgiveness (administratively) because he now makes too much money and has a huge monthly student loan payment.

How is allowed to happen?  This is nothing short of a national tragedy that so many of our public service workers are being denied the student loan relief that they were counting on!

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debt-incomeDebt is to be used sparingly.  It allows you to make purchases which you cannot afford.  In other words, debt allows people to live beyond their means or to spend more than they earn.  While this may appear to be a good thing when an emergency arises, there are serious side effects.  These side effects include 1) paying more for an item than what it’s worth in the form of interest; 2) possible inability to pay off the debt; 3) added pressure and stress which can lead to medical and relationship problems; and 4) being a “slave” to your debt.

While some debt will always be necessary such as a home loan, usually a car loan, and a reasonable amount of student loans, it’s important to only take on a modest amount of debt and have a plan for repayment.  Just because a lender wants to loan you money is not a good reason to take it.  Many college students took out excess student loans to pay for all kinds of stuff.  Unnecessary stuff.  With private loans in excess of 10% interest, that $5 latte easily turns into a $10 latte after a few years!

One client this week advised that she had incurred over 200k for a two year AA degree over a long period of time.  She’s had a difficult life, and had to retake many courses and change degrees/schools etc.  That’s perhaps one of the worst places to find yourself.  She cannot afford to return to school, and has almost no education to show for that debt.

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