Software and Tools for Discharging Student Loans
Anyone with outstanding federal student loan balances was likely disheartened after learning about the U.S. Supreme Court’s recent decision in Biden v. Nebraska (2023). In that case, the Court struck down the Biden administration’s plan to cancel anywhere from $10,000 to $20,000 in student loan debt for each borrower. As such, student loan debt will not be forgiven through Biden’s plan, and federal student loan payments are slated to resume early this fall. What that means is that millions of borrowers who were hoping to have student loan debt forgiven will now be responsible for making payments again. While there are options available to borrowers like income-driven repayment (IDR), many borrowers struggle even with IDR payments. In short, many borrowers may be thinking about bankruptcy in order to have their student loans discharged.
It is a good time to be considering bankruptcy for your student loans. As you may be aware, the U.S. Department of Justice (DOJ) issued new guidance for discharging student loans in bankruptcy back in November. For many debtors in South Florida, bankruptcy will be the best option for dealing with impending student loan payments and overwhelming student debt. At Kelley, Kaplan & Eller, we have the tools and software from Stretto, which has designed specific bankruptcy software for discharging student loans that meet the criteria established by the DOJ. Our West Palm Beach bankruptcy lawyers can tell you more and can speak with you today.
No Student Loan Cancellation or Forgiveness
To be clear, on June 30, 2023, the Supreme Court struck down the Biden Administration’s plan to forgive student loans. This means that debtors should not expect to have $10,000 or $20,000 of student loan debt forgiven or canceled, even if they previously received a notice of eligibility from the Department of Education. The plan is unlawful, according to the Court, and the Administration cannot move forward with it.
DOJ Guidance and Criteria on Discharging Student Loans in Bankruptcy
The good news is that the recent DOJ guidance remains in place, making it easier to prove that you meet the undue hardship requirement necessary to have student loan debt discharged in a bankruptcy case. The new guidance offers specific criteria for the DOJ to consider when determining whether a debtor has met the requirements, and most criteria is evidenced through information contained in a streamlined attestation form.
Working with Our Firm to Seek a Discharge
As we mentioned above, Stretto offers technology that makes it possible to determine whether debtors are likely to meet the required criteria in order to have their student loans discharged in bankruptcy, and our firm has that technology. We are ready to work with you today on your bankruptcy case.
Contact a West Palm Beach Bankruptcy Lawyer
If you have any questions about student loans and bankruptcy, or if you want to get started on the process of filing for bankruptcy and seeking a discharge of your student loans, one of the experienced West Palm Beach bankruptcy attorneys at Kelley, Kaplan & Eller can assist you. We have years of experience representing clients in South Florida with bankruptcy cases, and we have access to the software and tools from Stretto that can benefit your case.