Student loans can be erased “discharged” in bankruptcy.

Student loans can be erased “discharged” in bankruptcy.   The attached Order discharging my client’s Discover Financial Services private student loans was signed by Judge Ashely M. Chan on March 25, 2020 pursuant to 11 USC § 523(a)(8) and 11 USC § 727.   Don’t listen to those Google lawyers with a JD degree in googling. As B.A. Baracus eloquently said: “I ain’t get time for that jibba jabba.”

Erasing Student Loans

Erasing Student Loans 99.9% of bankruptcy student loan debtors don’t even try to discharge their student loans because they mistakenly think that student loans cannot be discharged. Can Student Loans be Erased? YES, YES, YES. A recent study conducted by Jason Iuliano, a Harvard Law graduate and a Ph. D. candidate at Princeton revealed that 40% of filers with large student loan debt received some form of discharge from the bankruptcy court when they filed an adversary proceeding seeking a discharge of their student loans. An adversary proceeding is a lawsuit within a bankruptcy case asking the bankruptcy judge for 

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Erasing Student Loans

Stop Debt Collector Harassment You have the power to stop student loan harassment. Simply demand that the student loan collection agency stop contacting you in writing. I suggest that you write a letter and send it via fax / email and postal mail certified, with a return receipt clearly stating that you dispute the student loan debt and request that all communication stop immediately. Below is a template that works well: How to Deal With Collection Agencies http://thephiladelphiabankruptcyattorney.com/debt-collector/how-to-deal-with-collection-agencies/ If they continue to contact you, the consumer law allows you to sue them up to $1,000 for for the violation of 

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Emancipate Yourself from Mental Slavery -Discharge Your Student Loans

On May 13, 2013, Monique Evette Jones sought a discharge of her student loan obligations in her Chapter 7 bankruptcy case. Chief Judge Eric L. Frank granted a discharge of approximately $29,760.00 in student loans. The Brunner Test Section 523(a)(8) provides that student loans are dischargeable if they impose an undue hardship on the debtor and the debtor’s dependents.” 11 U.S.C. § 523(a)(8). A debtor seeking to discharge her student loans must prove that: (1) based on current income and expenses, the debtor cannot maintain a “minimal” standard of living for herself or her dependents if forced to repay the 

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Temple University Held to Violate the Fair Credit Reporting Act

Edward Seamans sued Temple University for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. Section 1681s-2(b). Seamans received a Perkins student loan from Temple in 1989 and subsequently dropped out of Temple without making any payments on the Perkins student loan. In 2010, Seamans applied for financial aid from Drexel University, and Drexel told him it would not provide any financial aid until he paid the balance of his Perkins loan to Temple. On April 28, 2011, Seamans paid his Perkins loan in full to Temple. The loan was outstanding and unpaid for over twenty (20) years. Seamans act of 

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Public Service Loan Forgiveness Program

Public Service Loan Forgiveness Program. It’s a great program to promote public service in Philadelphia and it is “FREE.” The article below is a great explanation of the Public Service Loan Forgiveness Program and it contains several links at the bottom that explains how to get involved. The gist of the program is that it erases all federal loans after ten (10) years of public service, even if a borrower was only paying interest on the student loans during the ten (10) year repayment period. IMMEDIATE RELEASE: August 28, 2013 CONSUMER FINANCIAL PROTECTION BUREAU LAUNCHES TOOLKIT TO HELP TEACHERS AND 

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Are you struggling with student loans?

According to the Consumer Financial Protection Bureau (CFPB), outstanding student loan debt in the United States topped $1 trillion in 2011, comprised of about $864 billion of federal student debt and $150 billion of private student loan debt. The average debt climbed to about $24,000 in 2009. Default rates on both federal and private loans have skyrocketed in recent years. The Department of Education’s default rates in February 2011, revealed that the default rate at for-profit colleges was highest at 25%, nearly double the national average. The consequences of student loan defaults have grown enormously over time as the government’s 

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Heal the sick and erase your student loans.

Health care employees are eligible for a public service student loan discharge of all their federal student loans. The student loan law uses the Bureau of Labor Statistics (BLS) to determine whether a qualifying occupation is eligible for a public service discharge. The following is a list of eligible health care employees who are eligible for a public service student loan discharge: Athletic Trainers; Attendants; Anesthesiologists; Audiologists; Cardiovascular Technologists and Technicians; Chiropractors; Dentists; Dental Assistants; Dental Hygienists; Diagnostic Medical Sonographers; Dietetic Technicians; Dietitians and Nutritionists; Emergency Medical Technicians and Paramedics; Healthcare Support Workers; Health Diagnosing and Treating Practitioners; Health Technologists 

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Public Service Loan Forgiveness

The Public Service Loan Forgiveness (PSLF) Program discharges any remaining debt after 10 years of full-time employment in public service. The borrower must have made 120 payments as part of the Direct Loan program in order to obtain this benefit. Only payments made on or after October 1, 2007 count toward the required 120 monthly payments. What is forgiven? The remaining interest and principal of the borrowers loans are forgiven. How many payments are required? The loan forgiveness occurs after 120 monthly payments made on or after October 1, 2007 on an eligible Federal Direct Loan. Periods of deferment and 

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Colleges Withhold Transcripts From Grads in Loan Default

More than ten years ago, Pedro Rodriguez, a talented keyboard musician, came from his colonial homeland of Puerto Rico to go to Temple University. From a low-income family, he depended heavily on student loans to finance his four-year undergraduate study. Graduating summa cum laude with a bachelor’s of music, he went on to earn a master’s degree in music from Temple and then was hired for three years to teach there as an adjunct. By the end of college, he was $62,000 in debt but was making payments regularly until Temple laid him off, allegedly because of budget cuts. That’s 

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