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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.

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DOJ Releases Guidance for Discharging Federal Student Loan Debt in Bankruptcy

Troutman Sanders

Department of Justice (DOJ) has released guidance to its attorneys regarding requests to discharge student loans in bankruptcy cases. The DOJ will then review the information provided, apply the above factors, and determine whether to recommend that the bankruptcy judge discharge the borrower’s student loan debt. “By

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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 3] In 2013, Rodger Dean Love (“Debtor”) filed for bankruptcy under chapter 13 of the Bankruptcy Code. [4] 16] . . [1]

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Biden administration looks to forgive student debt of borrowers in hardship

Collection Industry News

The Biden administration announced on Wednesday that it will try to deliver student loan forgiveness to borrowers experiencing financial hardship. In what has become known as Biden’s Plan B for student loan forgiveness, the president has turned to the rulemaking process. As a result of those changes, more than 3.7

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How New York State’s 2024 Plan Will Affect Debt Collection

Collection Industry News

Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect creditors and debtors alike. Hochul specifically mentioned student loan servicers who encourage the quickest repayment plans or plans not suitable for the party repaying.

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Collection Predictions 2021: Uncertainty and Opportunity

Fico Collections

Within the collection industry in the United States, State and Federal Governments imposed significant constraints because of COVID. In addition, many States and the IRS slowed or stopped the collection of tax debts, and the Federal Government gave significant deferrals for the repayment of student loans, mortgages, and rent.

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How New York State’s 2024 Plan Will Affect Debt Collection

FFGN COLLECT NY

Hochul made it clear that the state will assist consumers in New York by adding greater consumer protections—a plan that will affect creditors and debtors alike. Hochul specifically mentioned student loan servicers who encourage the quickest repayment plans or plans not suitable for the party repaying.