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Category: Student Loans

  • Can Private Student Loans be Discharged in Bankruptcy?

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    There is a difference between government and private student loan debt. However, in bankruptcy both were treated at par even though private student loans did not provide benefits like government ones yet could not be discharged like other unsecured debts. Since 2013, the Private Student Loan Bankruptcy Fairness Act is being mulled in Congress to level the playing field between borrowers and private student loan lenders. However, it needs to become law before any change can be seen, say lawyers of Los Angeles based bankruptcy law firm Recovery Law Group.

    Private student loans were treated like other unsecured debts (medical bills, credit card debt) before 2005 i.e. during bankruptcy; these debts were discharged along with other unsecured debts. However, with the enforcement of Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, private student loans were clubbed together with federal student loans. With this change, private student loans could only be discharged if repaying them would result in undue hardship, which is extremely difficult to prove.

    Why federal and private student loans need to be separated?

    While applying for federal student loans, your credit history or ability to repay loans is not considered. Additionally, this has no effect on your interest rate as interest rates are limited for federal loans. Generally, these interest rates are lower than average interest rates of private student loans. On the other hand, private student loan lenders can choose to lend you the loan or deny it depending on your credit history. Their interest rate will also depend on your credit ratings.

    Repayment of student loans is different in both cases too. While federal student loan borrowers can opt for flexible repayment plans (low monthly payments, longer duration of repayment, getting rid of some portion of debt, etc.) and get rid of debt after paying a minimal amount as repayment. On the contrary, private student loans provide no such relief. If you are having financial issues, you can ask the lender for a rebate however, it is optional for the lender to agree to the offer. Flexi-paying options are not available in this case.

    Considering that there is marked discrepancy between both the lending and repayment process of federal and private student loans, it does not make sense of giving them the same privileges as federal student loans, especially during bankruptcy. Thankfully, the congress has introduced the Private Student Loan Bankruptcy Fairness Act (H.R. 532) to remove the special treatment accorded to private student loans in bankruptcy. this will put them at par with other unsecured debts which can be discharged during bankruptcy providing debtors with the much-needed relief. Currently, the bill has a 2% chance of becoming a law, however, it is supposed to gain momentum. A bankruptcy lawyer might help you know whether you can get these loans discharged in bankruptcy or not. to know your options during bankruptcy, you can call 888-297-6023 and speak with experienced bankruptcy lawyers.


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    • Get Rid of Private Student Loans During Bankruptcy?

      Get Rid of Private Student Loans During Bankruptcy?

      Getting a good education does not come cheap. People with limited salaries and assets generally must take out loans for getting quality education to improve their chances of a better future. There are two options when it comes to taking loans; you can either opt for a federal student loan or a private student loan. Though private student loan seems easier to get, Los Angeles based bankruptcy law firm https://bankruptcy.staging.recoverylawgroup.com/, inform that they are not that easy to get rid of. If you are going through a rough financial phase and seek to get your debts discharged, you might need to consult with expert bankruptcy lawyers at 888-297-6023 to know more about your student loan debt.

      Difference between federal and private student loan debt

      Federal student loans are different from private student loans because the government does not generally consider your credit history. Additionally, it does not alter the interest rate depending on your ability to repay the said loan. Moreover, interest rates of federal student loans are capped and generally lower than the market rate for unsecured debts as well as the average interest rate for private student loans. Even repayment of these loans is relatively flexible. You can extend the time frame, reduce monthly payments or even erase some amount of debts (conditional). Sometimes, debtors might pay very less amount with respect to the loan for a number of years and even get the remaining debt forgiven.

      Unlike this, private student loans are more like unsecured debts. Students who are unable to get federal student loans can get those from private lenders. However, the interest rate will be huge. When it comes to repayment, you don’t get benefits similar to federal loans. you can ask the lender for leniency but there is not much that you can force them to do.

      Prior to 2005, private student loans were treated like other unsecured debts (medical bills, credit cards, etc.) and could be discharged during bankruptcy. However, changes in Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, resulted in both federal and private student loans being treated at par. Thus, unless you can prove undue hardship, you cannot get rid of your student loan (federal or private) during bankruptcy. This is unfair as private student loan lenders charge a higher interest rate, decline loan to people with bad credit history, ask for co-signers and yet get respite during bankruptcy.

      Can Congress bring any changes?

      Representatives in Congress started rallying for the Private Student Loan Bankruptcy Fairness Act of 2013 since January 2013. This bill is likely to help people get rid of private student loans in bankruptcy. However, people are divided over the issue as they want to level the playing field between the loan borrowers and private student loan lenders. The passing of this bill would help remove any special treatment which is accorded to private student loans during bankruptcy. Essentially, this will put them at par with other unsecured creditors. If the bill becomes a law, private student loan debts would be discharged during bankruptcy as other unsecured debts are. People can hope for the best as this law will definitely help many unfortunate debtors get rid of their private student loan debts in bankruptcy.


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        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • What Happens to Student Loan Debt in Bankruptcy?

        What Happens to Student Loan Debt in Bankruptcy?

        Student debt is one of the debts which does not get discharged during bankruptcy; neither in Chapter 7 nor in Chapter 13 unless you can prove that repaying them can cause undue hardship to you. According to Dallas based bankruptcy law firm https://bankruptcy.staging.recoverylawgroup.com/, different tests are used by different courts to determine undue hardship. In the undue hardship test, most courts offer you to get either the entire loan discharged or nothing at all; while some courts might allow you a partial discharge of student loan. To get this loan discharged during bankruptcy, either you should have very low income, or the loan should have been from a for-profit trade school.

        The Brunner Test

        According to this test, your student loan can be discharged if you are:

        • poor enough to maintain a minimum standard of living for you and your dependents if you are made to repay the loan;
        • your financial situation is not likely to improve for a significant period (repayment);
        • you have previously made a good faith effort to repay the student loan.

        The court considers all factors before determining if repaying the student loan constitutes an undue hardship in your case. Other tests, apart from Brunner Test food include a special test, Health Education Assistance Loans (HEAL). In this case, you need to show that the repayment of the loan which was due more than seven years ago will result in an immense burden on your life. For more details on which tests are used to get student loan discharged, call 888-297-6023 to speak with expert bankruptcy lawyers.

        What is the procedure to get student loan discharged?

        Hiring an expert attorney is the primary step to get loans discharged during bankruptcy. for getting your student loan discharged, you need to file an adversary proceeding to find out if the loan can be discharged. You need to present evidence of undue hardship to get the loan discharged. You also need to show you made efforts previously to repay your student loan. Additionally, if you attended vocational school and you were deceived due to a breach of contract, fraud or unfair practices, then you won’t owe any debt.

        In most cases of student loan, the federal government is the lender. However, these days, loans are available through private institutions like banks also. To get your student loan debt discharged (whether government or private), you need to show that repayment will cause undue hardship. Apart from the Brunner test, other standardized tests are also used in Chapter 7 and Chapter 13 cases of a bankruptcy involving the discharge of student loan debt. It is therefore advisable to hire a local bankruptcy attorney who is well-versed with the court rulings in similar cases.

        In case your student loan is not discharged, the result varies in Chapter 7 and Chapter 13 bankruptcy Dallas. In the former case, if you are unable to prove undue hardship, the loan survives your bankruptcy and you still owe the money after your bankruptcy discharge. In the case of Chapter 13, if your student loan debt is not discharged, other options are available like paying a reduced amount during the Chapter repayment plan. You will, however, need to pay the entire amount which remains on the loan after your repayment plan ends.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • Student Loan Debt Discharge and Bankruptcy

          Student Loan Debt Discharge and Bankruptcy

          Student loans and debt in the USA are shaping into an enormous cloud that is surpassing the credit card debt with a wide leap. Credit card debt scores around $680 million while student debt touches far above the $ 1 Trillion mark. The fingers are pointed towards the slowdown in the job market since 2008. The newly grads struggle for jobs and are not able to secure one hindering them to clear the debt. They can in other cases of debt, surrender, but the student loan cannot be diffused, and the students must pay without refute.

          Circumstances when loans can be discharged

          There are no viable options wherein a student can request for loan discharge. The court can consider the case only under a very difficult situation faced by the student. The student must justify their case and proof of suffering and facing an utmost difficult situation and lifestyle. The student, however, can benefit and make their case strong if they have been undertaking high-potential jobs in-between and after school. Not being able to secure a job after completing graduation, with a string of underscored jobs during the graduation period not only makes up for a poor case but also escalates the debt.

          Such a student when declares bankruptcy; the court may not be lenient. The court scrutinizes the student’s past, present and future financial scenario, and the means by which the student will be able to clear their loans. It’s only under dire circumstances when the student must suffer enormous hardship to clear its debt does the court yields. You can visit Recovery Law group that help students to analyze and file a petition in the court for the discharge of loan due to bankruptcy.

          Be honest

          The students must be honest in presenting the case. Some students just look for an excuse to get through the debt. However, the court scrutinizes your case prudently; and hence in no circumstances, the students must go about carelessly. When a student files a petition in court for the discharge of loan; the court may take into consideration the following points.

          1. Financial resources

          The court may consider the financial situation of the student in the past, present, and future. What is the scope of securing a job and how the student is managing the daily expenses? What is the scope of future income? According to the students’ knowledge and degrees can they secure a job in the future? After examining these parameters, the court can issue a favorable decision.

          In the past, was the student conscious of clearing the loans. The student can make efforts by taking part-time jobs during their education and summer jobs during the vacations. Such efforts fairs well with the court.

          1. Lifestyle

          The sincere effort of the student to save money to clear loans by minimizing and living on necessities is crucial to bring the decisions in the students’ favor. Many a student may not show a sincere effort and may live carelessly. The court considers the student’s lifestyle during the educational tenure and after the completion when they are not able to secure the job. The student may have to shift to a low maintenance, smaller living space in a less expensive area to save the overall expenditure.

          1. Other determinants

          The student may suffer from some undue and uncontrollable circumstances that may stall their process of loan repayment. Circumstances like-

          • Medical expenses during or after graduation.
          • Any physical disability or accident, which may prevent the student to take up the job.
          • What is the future prospect of the accident? The timeframe within which the student may recover or may not throughout their lifetime.
          • Initiation to clear few installments of the loan.
          • The proportion of the loan to be cleared.

          Student loans are challenging to pay, but they are the means to the end. They are valuable resources that are necessary to harness the students ‘potential and get a decent life.  However, falling in debt and not able to execute a proper plan to clear the loans defeats the mere purpose of student loans i.e. enhancement of life. The student needs to justify his case of a very genuine excessive hardship, which is a very thin window to slide through. However, you can call this number (888-297-6203) for help and guidelines.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • A Guide to Private Student Loan Discharge in Bankruptcy

            A Guide to Private Student Loan Discharge in Bankruptcy

            Changes are being made in the bankruptcy laws. While earlier, private student loans were treated in a manner different from federal ones, it is no longer true now. Before 2005, private student loans were treated as unsecured debts and were discharged at the end of the bankruptcy, unlike federal student loans, which required one to show undue hardship to get them discharged. In 2005, Congress made amendments due to which private student loans were to be treated similar to federal student loans. Due to this development, discharge of student loan (with few exceptions) can take place only on proving undue hardship is caused (to you or your dependents) on repayment of the loan. Thus, private student loans can no longer be treated and discharged as unsecured loans and need to meet the criteria of undue hardship to be discharged.

            What is “undue hardship” criteria?

            According to Dallas based law firm Recovery Law Group, undue hardship is a bankruptcy standard for discharging of federal student loan and post-2005, private student loan too. According to Bankruptcy Code

            • Section 523(a)(8), “Unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for –
              • (A)(i) an educational benefit overpayment or loan made, insured, or guaranteed by the government unit, or made under any program funded in whole or in part by a government unit or non-profit institution;
              • (A)(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or
              • (B) any other educational loan that is a qualified educational loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual.”

            These exceptions are applied to all federal as well as private student loans. However, proving undue hardship is easier said than done. Numerous federal courts have used a three-pronged approach to test the undue hardship claimed by bankruptcy applicants. The Brunner Test developed after the Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987) is extensively used to check the undue hardship criteria.

            Brunner Test

            As per this test, the debtor needs to show that:

            • He/she cannot maintain a minimum standard of living (with their current earnings and expenditure) for themselves and their family if they have to repay student loan;
            • Additional circumstances which are likely to continue for a period of time interfere with the repayment of student loans; and
            • The debtor had previously tried to repay the loan in good faith.

            The bankruptcy court reviews your earnings and expenses to determine the minimum amount of money required to maintain a minimal standard of living in case you pay your student loans. Your current situation is analyzed to determine any improvements which can be experienced over the repayment period. Lastly, your payment history is studied by the court over the time frame of student loans; if you had made attempts to reduce your expenses and find better or any extra source of employment.

            If a debtor is able to meet the criteria of the Brunner test, it shows a degree of hopelessness, hopefully leading to the discharge of student loan debts. It must be kept in mind that even if you can’t or don’t meet all the above-mentioned criterion to get entire student loan discharged, some courts might allow partial discharge of student loans. It is important that when you file for bankruptcy, you must be mentally prepared for the student loan debt to survive as meeting the Brunner test for proving undue hardship is very difficult to meet. While previously private student loans were discharged like any other unsecured loan, now they too have tough standards like a federal student loan.

            Are there exceptions to the undue hardship clause to student loan discharge?

            To have your student loan discharged, you have to meet undue hardship standard. However, there are some exceptions, such as luring you into taking a course which would not benefit you as much as it was advertised. In case the private student loan was not for a competent higher education expense or was for an educational institution which is not eligible, then there are chances that it can be discharged. If you have a student loan for an unaccredited school, it can be discharged in Chapter 7 bankruptcy. An unaccredited school does not qualify to be governed under the same rules used for accredited schools. You are also allowed a discharge if the school falsely certified your eligibility for the course. Any school certifying to the education loan needs to ensure you meet the necessary requirements. If they fail to do so and you are certified for a loan, such loan can be discharged during bankruptcy. If a course required a clear criminal background, then a person with prior felony convictions cannot have benefitted from such course, thereby resulting in the loan discharge.

            Automatic stay benefit

            One of the best advantages of bankruptcy filing is the grant of the automatic stay, which stops all creditor action of collection. This stay is in place for the entire duration of bankruptcy, irrespective of whether you get a discharge or not. Thanks to the automatic stay, even the government cannot opt for wage garnishment or withhold transcripts for any unpaid tuition fees. However, it does not prevent student loan creditor from preparing for the availability of future loans in the hope that loans prior to bankruptcy filing will be cleared. The creditor, alternately, can also file a motion to lift the automatic stay during bankruptcy proceedings. In case, the court agrees to the creditor’s plea, the latter can continue with collection actions.

            If you are worried about debt discharge in case of an ongoing bankruptcy case, consult 888-297-6203 to know your options about student loan discharge. The Federal Rule of Bankruptcy Rule 7001(6) states that you or your attorney can file an adversary proceeding against your student loan creditor. The timing of filing such an action depends on which chapter of bankruptcy you have filed (Chapter 7 or 13). Majority jurisdictions allow you to file adversary proceedings wither during your bankruptcy case or even after the case has ended.

            Choosing an experienced bankruptcy lawyer can make a huge difference to your bankruptcy case, especially if you want to get student debt loan discharged. Since bankruptcy rules are quite complicated, making any error can have grave consequences. Managing student loan debt is quite important. You can either opt for bankruptcy, student loan consolidation, or repayment. Whatever your choice, consultation with expert bankruptcy attorneys can open numerous vistas to get student loan debt discharged.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • Is there any hope left for Student Debtors?

              Is there any hope left for Student Debtors?

              Contrary to other common debts, student debt is considered “next to impossible” to pay off debts. And if the student plans on paying off these kinds of debts, they will end up in “undue hardship”. A recent Court case has relieved the burden of many such students and has arisen a Ray of hope in them once again.

              In Sara Fern v. Fedloan Servicing, the bankruptcy court’s judgment was passed in favor of Sara Fern. The court stated that the student loan due on Sara worth $27,000 would indeed cause undue hardship in her case and hence the loan was waived off. This case is unique and needs special mention since the decision could have been reversed as well, where Sara could have been asked to enroll in a repayment plan where she could pay off her loan slowly with no monthly obligation.

              Despite, U.S Department of Education’s plea that she was not facing undue hardship as she was not paying the loan amount every month, the court passed the judgment in favor of Sara, as she had 3 children to take care of and no supporting hand. She was in fact barely able to make ends meet with her current job which paid her merely $1,506.78 per month. She supported all evidence which proved that despite searching for better opportunities and job alternatives, she was unable to find a better option which took care of her basic needs along with paying off her loan amount.

              The bankruptcy court took into consideration the cost of repayment plans, accrued interest along with the impact that the debt would create on Sara’s housing and Credit statement while passing its decision to discharge her loan. As much as this judgment is unique, the most astonishing fact about this decision is that the court believed that the debt would create emotional stress on Sara making it another reason for its judgment.

              Despite the unique decision taken by the bankruptcy court in case of Sara Fern, it paves the way for future litigation and approach on similar cases.

              If you are a victim of Student loan and are looking for an option to get relieved from them, Recovery law Group, an esteemed name in Dallas and Los Angeles, comes to your rescue. You can reach out to them with your problems at – 888-297-6203


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • Student Loan Laws of Oregon

                Student Loan Laws of Oregon

                Higher education can be costly. Many times, for a bright future, students take a student loan to pursue their dream of higher education. However, the financial future of these students (graduates, post-graduates as well as doctoral fellows) is in jeopardy due to the crippling student loan. Most of the times, due to bad financial conditions, people have the option of filing for bankruptcy. Since student loan is not discharged in bankruptcy, not only is it a point of concern for the students but also the nation as a whole.

                According to the Los Angeles based law firm Recovery Law Group, the outstanding student loan dues amount to more than a trillion dollars, with nearly 12% in default. It has been consistently on the rise since the past 15 years. The student loan crisis has its effects on not just the loan borrowers but also other sectors including real estate and automobile industry. Despite filing for bankruptcy, students require assistance to take care of their student loan problem. It is therefore essential to consult and trust experienced bankruptcy lawyers who can assist student loan borrowers in ways to tackle the debt.

                Having a detailed analysis of your student loan case can help in establishing your eligibility for income-sensitive repayment, amalgamation, and loan forgiveness and cancellation if you have a good credit rating or are a recent graduate. A good bankruptcy lawyer can help take care of bureaucratic problems associated with. federal loan servicing. In case, you were paying your student loan but due to a bad financial condition have fallen back on payments, lawyers can help in finding out options for reduced monthly payments under federal law. Loan prioritization and repayment management are some of the methods through which lawyers help with loan repayment, apart from overseeing completion of forms and application and being your representative with lenders.

                With bankruptcy lawyers at your side, you can be provided with a detailed analysis of your options in case you are defaulting on your payments. They can also help take care of abusive debt collectors and collection agencies who have been pestering you for dues, as well as prevent any wage garnishment from taking place. Explore all available solutions when you consult a bankruptcy lawyer.


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.