Author Archives: doug

Student loans and bankruptcy: a sticky situation

Recently I published an article over on AVVO about how debtors trying to get themselves out of student loans through a bankruptcy filing soon find themselves caught in a Catch-22 situation. You can read it here. It wasn’t always this way; up to the mid 1990’s, student loans were dischargeable in bankruptcy seven years after […]

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Student loan debtors need not go begging, and need not avoid bankruptcy either

If you have been looking into bankruptcy, and have a lot of student loan debt, you probably have discovered that it isn’t easy to wipe out these loans in bankruptcy court. Eliminating a student loan requires filing an adversary proceeding (a fancy name for a lawsuit) in addition to the basic bankruptcy case, and then […]

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Bankruptcy has a broad definition of what a student loan is

When it comes to student loans and bankruptcy, the news is typically grim all around. Student loans can’t be discharged through a typical Chapter 7 case, unless the debtor can prove they are an “undue hardship.” The procedure for claiming undue hardship involves filing suit against the lender and litigating with them; this will typically […]

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Grad’s student loan debt hits $555,000!

Imagine waking up one day and finding that your student loan bills were more than half a million dollars. That is what has happened to Columbus, Ohio family practitioner Michelle Bisutti, according to the Wall Street Journal. She signed on for about half of that bill; when she graduated from medical school in 2003, she […]

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Thinking of erasing student loans by claiming hardship?

Recent changes to the bankruptcy laws make the elimination of student loans through filing bankruptcy very difficult. In particular, once the debtor has filed her case, she must then file a separate lawsuit in the bankruptcy court against the lender, and then prove to the court that the student loans are causing an “undue hardship,” preventing financial […]

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