Tampa Student Loan and Bankruptcy Attorney Blog

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Latest from Tampa Student Loan and Bankruptcy Attorney Blog

Bankruptcy is not only for discharging credit cards!
New DOJ procedures allow us now to discharge federal student loans attesting to an undue hardship.  We are co-presenting a webinar for the American Bankruptcy Institute on February 27 outlining this new program and helping our colleagues identify clients who may be eligible and learning how a

Under the new provisions allowing a Debtor to attest to an undue hardship, a consolidation pre-filing would be viewed as evidence of good faith – this is the box that may be checked:

  • engaging meaningfully with a third party they believed would assist them in managing their student loan debt.

Also, there could be problems

This is not recommended as bedtime reading, but sometimes it does help to go right to the source when trying to figure out what the new rules are and how they may apply to your loans.  The Final Regulations go into effect July 2023 and can be found here:  https://www.federalregister.gov/documents/2022/11/01/2022-23447/institutional-eligibility-under-the-higher-education-act-of-1965-as-amended-student-assistance
 
One big answer

While it took longer than I and many other consumer advocates thought, the house of cards is starting to slip finally.  Many mortgage companies did not fully disclose exactly what would be required once the CARES Act expired and mortgage payments would resume.  I’m sure many homeowners have claims out there but don’t realize it. 

Urgent 10/31 deadline for PSLF
We have learned that not only must the employer certification be dated 10/31 or before, but borrowers must use the PSLF HelpTool to download and sign the PSLF application by end of day 10/31. We recommend doing so as soon as possible to avoid any technical problems.
The application itself