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