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Articles Posted in Chapter 13 Bankruptcy

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Vocational Student Loan Debt Can Be Discharged in a Bankruptcy

Despite lots of changes in the landscape allowing the discharge of both federal and private student loan debt under the right circumstances, many people still believe that student debt survives a bankruptcy. Private loans follow very different rules then federal as you probably know. One thing I haven’t written much…

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Can you Discharge Student Loans in Bankruptcy? Why Yes, You Can!!

I just wrapped up an interview for badcredit.org for a story that they will run sometime in Nov or early December about the new rules allowing someone to discharge student loans in bankruptcy.  I’ll post links here when that story is ready. Bottom line is that there is a growing…

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Mortgage Forbearance Approved — but Nothing in Writing?

Have you received a verbal forbearance of your mortgage payment?  But nothing else?  Mortgage servicers have certain responsibilities by law.  If you have received a verbal approval of your mortgage forbearance, but haven’t received anything in writing confirming this, not to mention advising what terms are, payment restart date etc.…

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Filed Bankruptcy After Oct 17, 2005 – You are Likely Eligible for Settlement Cash Now if you have a Navient Student Loan

Re: Youssef v. Navient Solutions LLC, et al., Adv. Pro. No. 17-1085, in the U.S. Bankruptcy Court for the Eastern District of New York. CLAIM SITE: NavientStudentLoanSettlement.com Borrowers are eligible for free money under $16 million student debt settlement – but you need to file a valid Claim Form by November 20,…

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Thinking of Filing Bankruptcy — File Before Nov 1 if You Have Family Size of Three

The new means test numbers came out: It hasn’t changed much for Florida except – down 3k for family of 3 though.  Very odd, but whatever.   New as of Nov 1:  https://www.justice.gov/ust/eo/bapcpa/20231101/bci_data/median_income_table.htm. Family size of 1,2,3 and 4.   FLORIDA $60,483 $74,569 $86,353 $99,954   It was: FLORIDA $60,429…

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Bankruptcy Discharge of Federal Student Loans DOJ Attestation Process – How is it Going?

I ran across this statistic and wanted to share with you about the DOJ attestation process to discharge federal student loans. A great many are still pending. From 12/5/2022 through 7/15/2023 nationwide: 409 new complaints 205 new attestations (I don’t know what exactly this means) 70 Rec. Guidelines Met 32…

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Are Your Loans Part of the Homaidan Lawsuit and What Does This Mean?

Say you have a private student loan and you have previously filed a bankruptcy.  Was your private student loan discharged?  I’m presuming you did not file an adversary case to obtain a specific ruling as to dischargeability of these loans. What is Homaidan? Loans that could have been discharged as…

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Why You Need an Adversary in Bankruptcy to Discharge Student Loans

The Supreme Court decision of United Student Aid Funds v. Espinosa (2010) 559 U.S. 260 is usually cited for the proposition that a court may not make an order on whether student debt is discharged without an adversary proceeding. In USAF v. Espinosa, the issue was whether confirmation of a chapter 13…

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