Category: student loans
Dischargeability Of Student Loans
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Dischargeability Of Student Loans Interpreting Bankruptcy Code Section 523(a)(8) Constructing The Plain Text Of The Bankruptcy Code In Determining Whether A Student Loan Can Be Discharged Or Eliminated In Bankruptcy Part One of A Series By Clearwater Florida Bankruptcy Lawyer Jay Weller Please refer to the Text of the prior Post which repeats, word for…
What Section Of The Bankruptcy Code Applies To Student Loans?
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What Does Bankruptcy Code Specifically Say About Student Loans? By Jay Weller Section 11 USC 523(a)(8) of the US Bankruptcy Code is the operative Section in regards to Student Loans. Section 523(a)(8) States STUDENT LOANS ARE NOT DISCHARGED UNLESS: Unless excepting such debt from discharge under this paragraph would impose an UNDUE HARDSHIP on the…
When Can A Student Loan Borrower Contest A Tax Offset?
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Grounds To Fight The Government When They Seek To Take Your Tax Refund To Pay Student Loan Debt There are a number of Defenses that Student Loan Borrowers can use if the Department of Education or its Guaranty Agencies attempt to take your Tax Refund through a Tax Offset, in order to Collect on a…
Seizure Of Tax Refund To Collect Federal Student Loans, Part II
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Notice Requirements Under Tax Refund Offset Program; Say What? By Jay Weller Under 31 USC Section 3720A(b), the Department of Education, through its Secretary, can refer a Debt for Offset only after having complied with certain procedures. The holder of the loan must mail written notice to the Borrower’s last known address, as determined by…
Seizure Of Tax Refunds To Collect Student Loans
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The Federal Tax Refund Offset Program Unleashed! The Federal Tax Refund Offset Program involves a complete seizure of all tax refunds that are due to debtors who are in default on their student loans. The Program also permits the seizure of monies due debtors through Special Payments such as economic stimulus monies. The Federal Statute…
Dim Prospects For Students With Student Loans
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Student Loans Increasingly Come With Lesser Returns And More Burdensome Debt By Jay Weller The Federal Reserve recently reported that less Consumer Loans have reached delinquency than in recent years. This trend is not true for Student Loans where delinquencies continue to climb, and Loans are made without consideration of a Student’s ability to pay.…