In a leaked memo, Sallie Mae officials have listed preserving the inability to
discharge education debt in bankruptcy as their second-most important goal.
Not exact matches
For those struggling with student
debt, the Department of
Education is looking at changing the process for
discharging loans in bankruptcy.
Among its promises are that Democrats will support free community college for all, make it easier to repay student loans, allow borrowers with student loans to
discharge their
debts in bankruptcy if necessary, strengthen higher
education schools that serve minorities, crack down on «for - profit schools that take millions in federal financial aid,» and continue to work to improve public schools by holding teachers and schools «accountable.»
Federal and Private Student Loan Bankruptcy and
Discharge Guide Student loans are those
debts that are taken out for the expressed purpose of funding one's college
education, and they may be either federal...
We are also approved to provide the
education course necessary to
discharge your
debts.
There are a number of ways for your
debt to be forgiven, for a full breakdown of the Department of
Education's Forgiveness, Cancellation, and
Discharge Program, read their guide here.
The Department of
Education has just released guidance on how it will handle bankruptcy
discharge requests for government backed student loan
debt.
Similarly, if a credit card is used only for qualified higher
education expenses, the interest is deductible (and the
debt is excepted from bankruptcy
discharge).
I've been going on - and - on about a July 7th, 2015 statement put out by the U.S. Department of
Education that talked about how the government has made allowances to approve the
discharge of federal student loan
debt through...
I've been going on - and - on about a July 7th, 2015 statement put out by the U.S. Department of
Education that talked about how the government has made allowances to approve the
discharge of federal student loan
debt through bankruptcy, in some situations; namely, under the «Undue Hardship» clause of the Federal Bankruptcy Code, under the exception rule commonly known as 11 U.S.C. § 523 (a)(8).
Even though President Obama and the Department of
Education have recognized a valid and reasonable allowance for people to legally
discharge student loan
debt, see this article, apparently Educational Credit Management Corporation feels they have a duty to say otherwise.
Regardless, any consumer who has vocational student loans with a private lender should have their attorney go for a full
discharge if the school they went to was not an «eligible
education institution» under 26 USC 221 (d)(1) and (2) means that the
debts are not «qualified
education loan (s)» under 11 USC 523 (a)(8)(B), and therefore are dischargeable.»
To except the
education loan
debts described in this Complaint from
discharge would impose an undue hardship on the Debtor.
During the Obama Administration, the Department of
Education developed ways to
discharge or reduce student loan
debt.
This law not only required debtors to pass an income test prior to qualifying for Chapter 7 bankruptcy but also required debtors to complete credit counseling prior to filing bankruptcy and to complete a Pre-
Discharge Debtor
Education course prior to the
discharge of their
debts.
Even after the Department of
Education encouraged students to apply for a
debt discharge, only a fraction actually received one, Warren wrote in a letter to former
Education Secretary John B. King.
Sixth, the Secretary of
Education, as junkyard dog, should revise Lynn Mahaffie's 2015 letter outlining when DOE will not oppose bankruptcy
discharge of student loans to clarify to the federal courts that DOE supports a bankruptcy
discharge of student loans under the same terms that apply to other unsecured consumer
debt.
«IT IS ORDERED, ADJUDGED, AND DECREED that the student loan
debt owed by plaintiff to the defendant U.S. Department of
Education as identified in the complaint is hereby
discharged.»
«ORDERED AND ADJUDGED that the student loan
debt owed by the Plaintiff, -LSB--RSB-, to the Defendant, U.S. Department of
Education, is hereby
DISCHARGED in bankruptcy and the amount due on the subject student loan, Account Number XXX - XX - 1913 is zero.»
Defendant, U.S. Department of
Education, agrees to
discharge the smaller
debt, currently at $ 22,142.34, provided that Plaintiff meets the remaining terms of this Stipulation for Consent Judgment.
The real issue isn't the concept of student loans, but the reality: High interest rates, laws that make it near impossible to
discharge college
debt even in bankruptcy, astronomical college prices that each year pull the dream of a college
education out of reach of millions of Americans.
You also have to complete a debtor
education course before your
debts can be
discharged...
Certificate of completion for both credit counseling and debtor
education are required but before the filer's
debts can be
discharged.
A person making a consumer proposal more than seven years after the end of their
education is entitled to an automatic
discharge or forgiveness of their student loan
debt on the date they pay all monies owing under their consumer proposal.
Four categories of student
debt - a federal loan, a loan that's part or fully from a nonprofit institution like a school, a private loan used for qualified
education purposes (namely, the cost of attendance to an eligible institution), or a loan for an «educational benefit» — can not be
discharged without proof of «undue hardship.»
If you filed for personal bankruptcy or made a consumer proposal and you did so less than seven years after the end of your post-secondary
education then you are not entitled to an automatic
discharge or forgiveness of your student loan
debts.
Liz Hill, a spokeswoman for the Department of
Education, stated that the Department is working with servicers to forgive the
debt of borrowers whose loans were approved for
discharge under the Obama Administration.
«The premises of the Gainful Employment Rule and the Borrower Defense to Repayment Rule are simple: 1) career training programs should provide sufficient
education to enable graduates to obtain jobs and actually pay off their
debt without a significant financial hardship and 2) students defrauded by their schools should be able to have their loans
discharged.
Before your
debts can be
discharged in bankruptcy, a timed 2 - hour Debtor
Education Course must be completed to earn a bankruptcy certificate.
You'll also need to complete a Debtor
Education course before your
debts can be
discharged.
In addition to mandatory credit counseling before bankruptcy, you must also complete a debtor
education course by an approved counselor to have your
debts discharged.
This means that if you don't qualify for a
discharge or
debt cancellation, you may still ask the Department of
Education (often through your servicer) to cancel your
debt and / or provide a refund based on your complaint about your school.
In Chapter 7 bankruptcy, a typical credit card
debt is listed in the bankruptcy filing and
discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor
education course.
Usually after your
debts are
discharged, courts will require credit counseling, requiring that you attend one class prior to filing and debtor's
education course while your case is pending.
Federal student loan
debt is completely
discharged in death, so one's estate or relatives won't owe the U.S. Department of
Education a dime.