You are not alone. Many people have student loans, are in default with their student loans, barely scraping by on monthly expenses in additional to struggling to make their student loan payments.
It looks like the Courts have provided some additional perspective into what the future will look like for people who can’t quite get a handle on their student loans yet.
The bottom line the 2nd Circuit is providing here is that not all student loan debt is treated the same. Granted each individual with student loans who wish to seek a discharge of that debt will be reviewed on a case by case basis. Though I practice in the 9th Circuit, this is still good news for everyone in the Pacific Northwest area since it can showcase what Courts across the nation are thinking and can obtain perspective from.
The Courts are shifting their views of looking all student loan debt as the same. They understand that private loans and public loans may not be viewed as the same as often private loans.
Navient also has stated that they’ve recommended bankruptcy reform that would allow student loans (public and private) to be discharged in bankruptcy after making a good-faith effort to repay. Perhaps if Navient and other student loan companies end up losing more in Court, they’ll push harder for those reforms, so at least they receive a little something instead of nothing at all once reaching the court system.
If you have student loans and other bills and you don’t see the end in sight, there are always options. Please don’t hesitate to give me a call at (425) 559-0636, so we can talk through your options.
Original article: https://www.abajournal.com/news/article/2nd-circuit-says-private-student-loans-can-be-discharged-in-bankruptcy?utm_medium=email&utm_source=salesforce_420015&sc_sid=05555725&utm_campaign=weekly_email&promo=&utm_content=&additional4=&additional5=&sfmc_j=420015&sfmc_s=161939771&sfmc_l=1527&sfmc_jb=13025&sfmc_mid=100027443&sfmc_u=12148850