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Bankruptcy Court Blocks Collection Efforts on Discharged Student Loans

Account Recovery

A Bankruptcy Court judge in New York has granted a plaintiff’s motion for a preliminary injunction that will block the collection efforts on thousands of student loans that individuals allege were discharged in bankruptcy, ruling that there was no legal interest in continuing to collect on these debts. Judge Elizabeth S.

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Appeals Court Rules Some Private Student Loans can be Discharged in BK

Account Recovery

The Court of Appeals for the Second Circuit has upheld a lower court’s ruling allowing a plaintiff’s private student loans to be discharged as part of his bankruptcy filing, ruling that the provision of the bankruptcy code that prohibits the discharge of “an obligation to repay funds received as an educational benefit” does not apply … (..)

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CFPB Sues Student Loan Servicer PHEAA for Pursuing Borrowers for Loans Discharged in Bankruptcy

Consumer Finance

The CFPB sued student loan servicer Pennsylvania Higher Education Assistance Agency for illegally collecting on student loans that have been discharged in bankruptcy and sending false information about consumers to credit reporting companies.

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Compliance Digest – May 27

Account Recovery

WHAT THIS MEANS, FROM COOPER WALKER OF FROST ECHOLS: Well, if there is anything less fun to read than opinion from a court its an opinion from a bankruptcy court. This will be an interesting one to keep an eye on, as I imagine many higher education loans exceeded the exact amount needed to attend school.

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Debts That Can’t Be Discharged During Bankruptcy

Sawin & Shea

It’s tempting to believe that filing for bankruptcy is like having a magical wizard wave his wand to make all of your problems disappear. Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 per every 1,000 people.

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CFPB Sues PHEAA For Collecting on Discharged Student Loans

Account Recovery

The Consumer Financial Protection Bureau on Friday announced it had filed a lawsuit against the Pennsylvania Higher Education Assistance Agency (PHEAA), alleging that PHEAA illegally collected on student loans that had been discharged in bankruptcy and provided false information to credit reporting companies.

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Debtor Education Course After Filing for Bankruptcy

Sawin & Shea

Bankruptcy filings for both individuals and businesses are on the rise. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances.