student loan

It is just a fact that the over one trillion (uh,  yeah, not billion, not hundreds of billions, trillion) dollars of student debt now outstanding in our fair land will not be repaid. Because the graduates will not generate sufficient income to pay it back. The jobs they were told were out there for them [...]

Student Loans In Bankruptcy

by Kurt O'Keefe, Attorney at Law

At least the graduate in the picture has a job.  Being that is involves wearing a chicken suit, it might not produce enough scratch to pay off his share of the more than $1 trillion dollars in student loan debt now owed in our country. The issue is on this site because now, more than [...]

The Modern Rules Of Student Loan Deferment

by Kurt O'Keefe, Attorney at Law

Attorneys from the Department of Justicethe Department of Justice presented a program on student loan debt. The presenters were government attorneys who fight discharge of student loans in bankruptcy cases, but, they presented lots of information on other ways to deal with repayment. Contact the ombudsman! was a recurrent theme. The Federal Student Aid Office [...]

Bankruptcy Appellate Panel Gets Student Loan Test Right

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. While the Bankruptcy Code says that student loans may be discharged if the debtor shows “undue hardship,” the Brunner test provides that student loans may only be discharged if the debtor shows: (1) inability, at his current level [...]

You may be able to deduct your student loan payment as an expense on your bankruptcy petition if you file Chapter 7, but usually cannot if you file Chapter 13.  As you probably know, student loan debts are usually not dischargeable in bankruptcy.  That means that if you file a Chapter 7, you will still have to pay [...]

The Worst Debt You Can Have: Student Loans (Part One)

by Russell A. DeMott, Charleston Bankruptcy Lawyer

I’ll bet that if you asked the average person what debt is the worst kind of debt, he’d say taxes.  But owing student loans is, ironically, far worse than owing Uncle Sam. During my next few posts, I’ll examine exactly what a student loan is, a bit of history of how the Bankruptcy Code has [...]