The National Association of Consumer Bankruptcy Attorneys (NACBA) has learned from a number of its members that the Department of Education (DOE) and its student loan servicers are kicking out bankruptcy debtors from their income-driven repayment plans. This is happening when debtors file Chapter 7 or Chapter 13 — even if they are current on their student loan repayments.

Improving consumer protections for federal and private student loans to help ease student loan debt is the aim of an amendment to the Economic Growth, Regulatory Relief and Consumer Protection Act introduced March 8 by Illinois Senator Dick Durbin. It includes a Student Loan Borrower Bill of Rights as well as some bankruptcy protections.

If you have defaulted on your federal student loan — you are not alone. According to a September 2017 article in the Washington Post, “the share of people not making payments on their federal student loans within three years of leaving college has risen, reversing five years of reported declines in new defaults.”

The shift is subtle — up to 11.5 percent from 11.3 percent from 2015 to 2016 — but the raw numbers show what a significant issue this is. Of the more than 5 million people who began repaying their student loans in October 2013, 580,671 defaulted.

NACA Webinar - Managing Student Loan Debt in Bankruptcy by Attorney D.J. Rausa

Student loan Debt has become a crisis in the United States, with many young professionals turning to bankruptcy lawyers seeking relief for crushing Student Loan Obligations. The total outstanding Student Loan Debt has ballooned to over $1.3 trillion, and is only going to get worse. Attorney D.J. Rausa, an experienced Student Loan Lawyer, has prepared a detailed and comprehensive presentation that is extremely helpful to anyone assisting debtors with student loan debt. For more information about this Webinare, visit the National Association of Consumer Advocates website. You can also view attorney Rausa's Managing Student Loans in Bankruptcy slides in PDF format.

Garnishment of Social Security Disability benefits for student loan repayments!

Last week the U.S. Department of Education announced their latest move to assist some individuals with financially debilitating student loan debt.  This part of the Obama Student Aid Bill of Rights, is directed at hundreds of thousands of borrowers who are permanently disabled and cannot work.  The Department of Education started sending out letters this week to student loan borrowers that have been identified, with the help of the Social Security Administration, as receiving disability payments and are eligible to have their student loans discharged.  This type of student loan relief is known as a “Total and Permanent Disability” loan discharge. There were 387,000 permanently disabled individuals identified, with nearly half of these currently in student loan default, as qualifying with an estimated $7.7 billion in student loans.

“The starting point on all student loan debt resolution plans is to obtain the Student Loan Report from the US Department of Education. This report is vital to answering any student loan question. I do not even comment on a client’s situation without having first reviewed this report.”
D.J. Rausa, Esq., Student Loan Attorney

D.J. Rausa on Avvo, the premier on line Lawyer Directory and Review Service.
Avvo has rated D.J. Rausa at 9.1 out of 10 — a superb level of performance. Clients, too, have consistently rate D.J.’s performance as 5-star.
D.J. Rausa has many 5-Star review on Yelp, the popular on line business and service review source.
"Attorney D.J. Rausa was great from the first consultation to the end! He explained everything very clearly so we knew exactly what to expect, was always accessible for questions and has a great response time. He helped me consolidate my student loans into a lower payment and helped my spouse get approximately $80k in private and federal student loans discharged! I would highly recommend calling him!"

Student Loan Attorney

San Diego Student Loan Lawyer D.J. Rausa

Attorney D.J. Rausa has been an aggressive debt solution advocate for his clients in San Diego since 1993. He now specializes in student loan debt resolution and is nationally recognized as an expert in this developing area of law.

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