The US Department of Education offers a student loan disability hardship due to permanent and total disability. The US Department of Education defines total and permanent disability as the inability to work and earn money because of an injury or illness. The illness or disability must continue indefinitely or result in death. First, to qualify,…
Interestingly, the average debt among college students in 2020 is up to $30,062. This is nearly $6,000 more than students graduating in 2009. Bankruptcy hardship discharges are hard to get but not impossible for student loans. In fact, private student loans are more often dischargeable than income-contingent and federal student loans. The 2010 student loan…
Student loans are generally not dischargeable unless the court grants you a hardship discharge. In Chapter 13 the debt may be challenged as fraudulent or otherwise being unenforceable. Student loans are not enforceable when the school closes prior to the student completing his education or if the debtor didn’t qualify for the loan or school. Student…
Again, no one should assume that their student loan is not dischargeable in bankruptcy. The fact is, every year about 500 people nationwide get student loan discharges. First, you have to prove that you do not have enough income to cover basic health care and essential food, shelter, and clothing if you continue to pay…
In regard to student loan hardship repayment plans, there was once a requirement that people first attempt an Income Contingent Loan Repayment Plans (ICRP). However, that was overruled in Kentucky. I refer you to Circuit Barrett v Educational Credit Management Corp 487 F 3rd 353 2007 where a medically disabled person was asked by ECMC…
Don’t take our word for it! According to a Wall Street Journal Article by Josh Mitchell on April 7th, 2016 over 43% of student loan borrowers don’t make full repayment on their student loans. With 1.3 trillion currently owed in student loan debt, that number has serious meaning. 3.6 million borrowers are in default (12…