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Student Loan Discharges in Bankruptcy are now Working!

Christie_1Many questions surround the possibility and even probability of discharging student loans in bankruptcy.  The law around student loan dischargeability hasn’t changed in many years, the way I understand it – it’s just that newer theories on applying that law to private student loans have come to the forefront in recent years and then we had the rise of the Federal attestation process even more recently this past year.  The new bankruptcy IDR rules go into effect in July this summer and apply to any pending case.  There have also been a few class actions allowing for more certainty of discharge of loans after the fact even if an adversary action against then lender isn’t filed in the bankruptcy.  These involve situations where the loans are non-qualified education loans etc.

Bottom line, is that it’s finally working.  We are starting to see successful discharges of both private and federal student loans on a regular basis now.  This never used to be the case.

In fact, with today’s political uncertainties, it may be better to get a court ruling of dischargeability now rather than wait and see if some of the recent guidelines retract after the election.  A court ruling will withstand all of that.  Food for thought.

Please schedule a strategy session with us if you have student loans to see what options may exist for you and the likely outcome!  You can click the button below or call our office at 813-258-2808 or email us at


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