Student Loan Bankruptcy Law Reform

What is the Student Loan Brunner Test?

In an old ABI podcast, two law professors debated student loan bankruptcy reform and lawmaking to make student loans easily dischargeable in bankruptcy and possibly propose methods on how to do it. One law professor suggests student loans might be valued by using what an unsecured lender pays for this debt, based on the ability […]

Discharge Private Student Loans in Bankruptcy • Video

Discharge Private Student Loans in Bankruptcy

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 Loan Hardship Discharge Bankruptcy Resources • Video

Student Loan Hardship Discharge Bankruptcy Resources

Are you looking for information about your student loan hardship discharge bankruptcy? Below you will find important resources to assist you with better managing or discharging your student loan. First, you must understand that student load discharges are not impossible. So, don’t assume you can’t discharge your student loan. In fact, there might be an […]

Partial Student Loan Hardship Discharge

Partial Student Loan Hardship Discharge

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 […]

Student Loan Hardship Repayment Plans

Student Loan Hardship Repayment Plans

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 […]

Student Loan Statute of Limitations • Video

Student Loan Statute of Limitations

There is no statute of limitations for government student loans. Federal Student loans are exempt from the state statute of limitations because of Section 484A(a) of the Higher Education Action and 20 U.S.C. § 1091a(a). However, Private student loans are subject to the statute of limitations and all the same defenses that any other contract […]