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Trying to get rid of your loans? Here’s all the undue hardship student loan cases in 2018

Whether a court uses the Brunner test or the totality of the circumstances test, the question is the same: does repaying your student loans cause you an undue hardship? Use these undue hardship student loan cases to try and get rid of your student loans.

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March 7, 2018 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy January 2018 [Ayers]

The government wants its money. They will collect from you even though the only reason you owe the government is because of homophobia in the military.

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February 16, 2018 Filed Under: Student Loans

ICYMI: Student loans in bankruptcy January 2018 [Shuey]

A cosigner does not violate a Debtor's discharge injunction when he tries and collect for payment he makes on her student loan after she got a discharge.

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February 9, 2018 Filed Under: Student Loans

Can private student loans be discharged in bankruptcy?

Can private student loans be discharged in bankruptcy? Yes. But it's complicated. To get rid of them, you have to know whether the loan is a qualified education loan. And to know that, you need to know whether it was more than your qualified higher education expenses.

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January 23, 2018 Filed Under: Student Loans

How to get your refund back as a student loan tax offset hardship

A student loan tax offset hardship may allow you to get some or all of your refund back. But it doesn't happen right away. It may take a few weeks.

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January 18, 2018 Filed Under: Student Loans

ICYMI: Student loans in bankruptcy December 2017 [Pratola]

A debtor can stay in a chapter 13 even if his unsecured debt exceeds the chapter 13 unsecured debt limit 2017 if his student loans are the reason why he exceeds the limit.

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January 3, 2018 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy December 2017 [Baez]

A motion in limine based on genuineness won't stop National Collegiate Student Loan Trust from introducing a bank's loan documents into evidence. So consider moving to strike the testimony of NCSLTs witness.

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January 2, 2018 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy December 2017 [Wiley]

You may be able to get rid of a private student loan if it isn't a qualified education loan and wasn't made under a program funded by a nonprofit.

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January 1, 2018 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy November 2017 [Trbovich]

Case info: Trbovich v. Nat’l Collegiate Student Loan Trust, 2017 WL 5514158 (Bankr. N.D. Ohio Nov. 16, 2017) Case opinion: Download TL;DR: Hey National Collegiate. If you’re going to move for summary judgment, get the facts right. National Collegiate’s motion for summary judgment: denied. Related: Everything you need to know about student loans in bankruptcy November 2017 […]

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December 28, 2017 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy November 2017 [Jimenez]

Case info: Jimenez v. Navient Solutions, LLC, 2017 WL 5592260 (Bankr. S.D. Tex. Nov. 20, 2017) Case opinion: Download TL;DR: A bankruptcy court retains jurisdiction to enforce a discharge order it entered. Duh. And a debtor pleads sufficient facts to show a student loan creditor may have violated a discharge injunction if she alleges the […]

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December 28, 2017 Filed Under: Bankruptcy, Student Loans

Everything you need to know about student loans in bankruptcy November 2017

No discharges awarded this month. But hey, at least people are trying to get rid of their student loans in bankruptcy.

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December 18, 2017 Filed Under: Bankruptcy, Student Loans

ICYMI: Student loans in bankruptcy November 2017 [Gomez]

Case info: Miller v. Gomez (In re Gomez), 2017 WL 5952682 (Bankr. D. Oreg. Nov. 29, 2017) Case opinion: Download TL;DR: A debt resulting from an agreement between friends, whereby one friend pays off a student loan for the other, can be excepted from discharge as a qualified education loan. Plaintiff’s motion for summary judgment: granted. Related: Everything you […]

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December 18, 2017 Filed Under: Bankruptcy, Student Loans