article thumbnail

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 … (..)

article thumbnail

Can Bankruptcy Discharge my Student Loans?

Debt Free Colorado

Are my Student Loan Debts Dischargeable in Bankruptcy? Student-loan holders now have a new path to freeing their debt through bankruptcy! Broomfield Bankruptcy Attorney answers questions about the new ruling. In the past, discharging student loans was an almost impossible hurdle in bankruptcy.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

CFPB Denies Petition in Student Loan BK Collection Discharge Investigation

Account Recovery

The Consumer Financial Protection Bureau has denied a petition from the Pennsylvania Higher Education Assistance Agency to set aside a civll investigative demand into whether the servicer maintained adequate policies and procedures to determine whether loans were dischargeable in bankruptcy and if attempts were made to collect on loans that had been (..)

article thumbnail

Can I Discharge a Private Student Loan in Bankruptcy?

Sawin & Shea

The majority of people in Indiana who have thought about declaring bankruptcy likely already know how challenging it is to get student loans erased. Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position.

article thumbnail

Appeals Court Upholds Dismissal of FDCPA Case Over Collection of Post-BK Student Loan

Account Recovery

The Court of Appeals for the Third Circuit has affirmed the dismissal of a Fair Debt Collection Practices Act case against a student loan servicer for continuing to attempt to collect a student loan debt after it had been discharged in bankruptcy because the plaintiff failed to follow the proper procedure.

article thumbnail

U.S. Student loan debt statistics you should know in 2023

Credit Corp

million Americans have student loan debt, which totals over $1.7 If you owe tens of thousands of dollars in student loan debt, you’re not alone. million Americans have some form of federal or private student loan debt. Table of contents: Average student loan debt How many Americans have student loan debt?

article thumbnail

How Long Will it Take to Rehabilitate a Student Loan?

Sawin & Shea

Student loan debt is a serious problem in the United States, and it’s an issue that impacts millions of Americans. As of January 2022, around 45 million people have student loan debt, which is 13.5% The total collective amount of federal and private student debt is around $1.75 of the US population.