Adam Minsky, student loan attorney in Boston, has an important post about a recent 7th Circuit Court of Appeals decision that allows the discharge of a federal student loan.
A new decision issued by the 7th Circuit Court of Appeals could potentially change this. In Krieger v. Educational Credit Management Corporation, the court upheld a bankruptcy judge’s decision to allow a borrower to discharge $25,000 of federal student loans in bankruptcy. The court concluded that the borrower, a 53 year-old paralegal, had made reasonable good-faith attempts to repay the loan. The court also noted that she was destitute, lived in a rural area and had difficulty finding suitable employment, was a caregiver for her elderly mother, and lacked the resources to look for suitable work elsewhere (no internet, unreliable transportation). The court concluded that the bankruptcy judge had discretion to determine whether the borrower met the “undue hardship” standard, and that this standard should not serve as a blanket prohibition on discharging student loans in bankruptcy.
His post is worth reading and it has the links to the actual court opinion.
Bankruptcy is difficult when dealing with student loans but it is not impossible — be aware that many student loan debt collectors will lie about this and tell you that you cannot discharge student loans. When they do this, you need to consider suing them under the FDCPA (Fair Debt Collection Practices Act).
If you have questions or would like to chat with us, feel free to call us at 205-879-2447 or contact us through our website Alabama Consumer.