In a recent decision by Hon. Richard M. Neiter, United States Bankruptcy Judge in the Los Angeles Division of the Central District of California presiding, it was determined that loans taken for the treatment of a minor child for a drug addiction were dischargeable in bankruptcy. The decision came down on July 7, 2015 in […]
In a recent Wall Street Journal (“WSJ”) (@WSJBankruptcyBeat) series on the Great Student Loan Debt Debate, several of their examiners discussed what to do about student loans in bankruptcy. Let’s start with the goal of bankruptcy, which is to help the HONEST BUT UNFORTUNATE DEBTOR, see the WSJ article here. This is a person who […]
With so many companies guarantying student loan debt forgiveness and using Obama’s words to market and sell their offerings, I thought I would set the record straight! YOU CAN HELP YOURSELF FOR FREE YOU CAN HIRE ONE OF THESE COMPANIES THAT MAY NOT BE LAWYERS; OR YOU CAN HIRE A LAWYER TO REPRESENT YOU Don’t […]
This was a great question asked of Liz Weston (@lizweston) recently. Her answer is here. I like the fact that her answer encompasses several options for the reader, but let’s look at the costs of some of these choices. Under the Total and Permanent Disability discharge of student loans (A federal program), a borrower MUST […]
Cited as the Medical Bankruptcy Fairness Act of 2014, S.2471 is a Bill recently introduced in the Senate, June 12, 2014. The proposed Bill would Amend the Bankruptcy Code to include definitions for a “medically distressed debtor” and allow a discharge of their student loan debt without the current requirement of filing an adversary proceeding […]
In researching information for a motion on behalf of one of my clients in defense of a collections law suit by National Collegiate Student Loan Trust, represented by Patenaude & Felix, I began noticing a pattern and practice of business practices in the pursuit of debt collections. Patenaude & Felix has been sued many times […]
I hope that you’ve heard by now that there are repayment options for federal student loans such as the “income sensitive” repayment programs, or administrative discharge for those that qualify. You’re also likely to be frustrated by the lack of options when it comes to repaying private student loans. But did you know that creditors […]
Does anyone remember the mortgage crisis of 2008? It seems like so long ago that wall street and mortgage lenders that created securitized mortgages nearly brought down the economy. Did you know that the recession officially ended in 2009? I bet you’re wondering what the mortgage crisis has to do with the student loan crisis. […]