Troutman Sanders

SEPTEMBER 4, 2020

Navient Solutions, LLC argued that the debtors’ student loans were excepted from their Chapter 13 discharge under 11 U.S.C. § 523(a)(8)(A)(ii) which excepts “an obligation to repay funds received as an educational benefit, scholarship, or stipend.” Thus, an educational benefit is different than a loan.

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Student loans Student Loans Loans Education 78

Collection Industry News

APRIL 4, 2022

In a new letter, 27 Democratic senators are demanding the administration stop trying to overturn court rulings that help student debtors. Despite Joe Biden’s campaign promise to allow borrowers to discharge their student debts through bankruptcy, the administration has continued to fight debtors in bankruptcy court.

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Student loans Student Loans Debtor Bankruptcy 40

ABI

JANUARY 12, 2022

In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 2] The debtor, who was highly educated and had no dependents or ailments that prevented her from working, incurred student loan debt to finance her education in public health.

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Student loans Student Loans Debtor Loans 40

Burr Forman

AUGUST 19, 2021

Erich Durlacher – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Michael Hall – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation – Bankruptcy. Frannie Heizer – Education Law. Clarke – Real Estate Law. Elizabeth Davis – Environmental Law.

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Lawyers Construction Acquisition Bankruptcy 105

The Kaplan Group

AUGUST 28, 2024

States with the Highest Percentage of Debtors Over Age 35 In New Mexico, 57.9% of debtors are over the age of 35. of debtors over this age, while Oklahoma has 54.3%. of debtors are over 35, and in Nevada, the figure is 53.7%. of debtors under 35. of debtors are under this age threshold. of debtors under 35.

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Debtor Education Collections 78

Roths Child Law

MAY 17, 2024

Other requirements, such as credit counseling and debtor education, are also concerns. A person who’s filing for bankruptcy should ensure they understand their responsibilities, including the need to be forthcoming on bankruptcy documents.

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Chapter 7 bankruptcy Bankruptcy Creditors Debtor 98

PBWT

JUNE 22, 2021

1] The Bankruptcy Code generally excludes student loan debt from the general discharge individual debtors are entitled to receive upon the conclusion of their case. New York State Higher Education Services Corp. [2] It requires courts to consider the “totality of the circumstances” in each individual debtor’s case. [4]

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Student loans Student Loans Bankruptcy Loans 85

Debt Free Colorado

FEBRUARY 24, 2025

A financial education course must be completed before final approval. Complete a Debtor Education Course After your 341 Meeting, you must take a second financial education course. Filing requires completing credit counseling, submitting a bankruptcy petition, and attending a meeting with a trustee.

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Credit Card Debt Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy 52

Debtor Daddy

JUNE 29, 2021

Matt will be hosting an education session on how to package, price and promote a 5-figure credit control service to your clients at 10.45 About Debtor Daddy: Over 150,000 calls and $2 billion paid faster. For the past nine years, Debtor Daddy has been solving debtors for businesses around the world. am on July 30.

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Debtor Debt Management Education 63

ABI

JANUARY 13, 2022

Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] 3] In 2013, Rodger Dean Love (“Debtor”) filed for bankruptcy under chapter 13 of the Bankruptcy Code. [4] 16] . . [1] 1] See 11 U.S.C. §

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Debtor Loans Student loans Student Loans 40

Sawin & Shea

DECEMBER 29, 2021

Debtors in Indiana can protect exempt property under both a Chapter 7 and a Chapter 13 bankruptcy. Debtors who file Chapter 13 bankruptcy can keep everything they own. Some of the more common property exemptions include the following: Homestead: Debtors can each protect up to $19,300 of residential real estate equity.

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debtor 98

PBWT

AUGUST 18, 2020

Yet, as has been widely reported, debtors in chapter 11 cases are not allowed to receive PPP loans. [1] If enacted, bankruptcy judges could permit debtors to obtain PPP loans. These loans would be granted superpriority status, receiving the highest priority as administrative expense claims against a debtor's estate.

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Loans Debtor Bankruptcy Education 62

Roths Child Law

APRIL 10, 2023

For this reason, any person declaring bankruptcy (Chapter 7 or Chapter 13), must sign up for a pre-bankruptcy credit counseling and debt education program before their petition can be approved. While credit counseling happens before formally filing for bankruptcy, debtor education happens after filing but before your debts can be discharged.

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Bankruptcy Education Repossession Debtor 52

Sawin & Shea

AUGUST 24, 2020

Chapter 13 Bankruptcy: Chapter 13 bankruptcy is a reorganization of debts for debtors with regular income. While debt collectors can be persistent, the Fair Debt Collection Practices Act (FDCPA) was in place to stop collector harassment, and it’s good to stay educated about what debt collectors can and can’t do.

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Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debt collector 98

ABI

JANUARY 12, 2022

Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” United States Dep’t of Educ. , 7] The debtor disagreed and filed a cross motion for Summary Judgment. [8].

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Student loans Student Loans Loans Debtor 45

Taurus Collect

SEPTEMBER 2, 2024

Let’s understand the strategies that promote a positive experience for both the debtor and the creditor, leading to stronger relationships and better outcomes. Ethical practices not only elevate the art of debt recovery but also ensure that both debtors and creditors can work harmoniously towards a resolution.

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Collections Debt collector Debtor Debt Recovery 64

Nexa Collect

JUNE 24, 2023

The thought process is simple, in case the laptop is lost, there should be zero loss of personal data of clients or the debtors. Accepting payments : You should transfer the call to your corporate office when the debtor is ready to pay,or have a PCI-compliant mechanism. Internet access should be restricted to selected websites only.

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Debt collector Collection Agencies Collections Agency Debtor 100

FFGN COLLECT NY

MARCH 31, 2023

Whether the defenses raised by the debtor are valid or not, a debtor defending a debt collection case can delay collection. A debtor can buy themselves time just by filing an answer to the summons and complaint. The debtor’s defenses were general in nature. Facts can be undisputed by way of the debtor’s conduct.

Judgment 52

Judgment Collections Debtor Education 52

Sawin & Shea

JULY 13, 2022

Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position. As a result, the majority of debtors who file for Chapter 7 bankruptcy do not get their college loans dismissed. Qualified private educational loans.

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Student loans Student Loans Bankruptcy Chapter 7 bankruptcy 52

Public Citizen

JULY 20, 2021

The exceptions to discharge for certain student educational benefits contained in 11 U.S.C. § 523(a)(8)(A)(ii), the Court held, do not include private educational loans. In that decision , the Second Circuit has joined the Fifth and Tenth Circuits and held that private student loans are dischargeable in bankruptcy.

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Student loans Student Loans Bankruptcy Loans 53

Collection Industry News

AUGUST 8, 2022

Section 1788.202 prohibits a private education lender or a private education loan collector from making any written statement to a debtor in an attempt to collect a private education loan unless the private education lender or private education loan collector possesses specified information, including 18 items.

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Student loans Student Loans Loans Education 40

Troutman Sanders

MARCH 16, 2023

Under the Bankruptcy Code and applicable rules, in order to secure a discharge of “qualified education loans” in bankruptcy, borrowers must bring an adversary proceeding and demonstrate that the loans constitute an undue hardship.

Student loans 52

Student loans Student Loans Loans Bankruptcy 52

Collection Industry News

MARCH 2, 2021

Was there an expectation for you to attend higher education? Did you participate in any form of higher education? Did your parent/guardian(s) educate you about finances?I The post 44% of student debtors haven’t made any payments since March 2020 appeared first on Collection Industry News. My boyfriend (henceforth C.)

Debtor 40

Debtor Student loans Student Loans Education 40

PBWT

JULY 1, 2021

Judge Harner explained that “[a]lthough the Bankruptcy Code[] reflects Congressional intent to provide debtors with as broad of a discharge as possible, Congress has expressly excepted [student loan] debt from the bankruptcy discharge.” Higher Educ. Harner applied the Brunner standard , discharging $178,000 of student debt.

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Student loans Student Loans Debtor Bankruptcy 68

FFGN COLLECT NY

JUNE 24, 2022

And, if signed into law by Governor Kathy Hochul, the bill would substantially limit the ability of medical providers to enforce judgments obtained against New York debtors and further limit debt collection of medical judgments in NY. The idea is to bring the judgment debtor to the table to have the debt voluntarily repaid, if possible.

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Judgment Collections Debtor Healthcare 52

Payment Savvy

JUNE 16, 2020

Remember that there are specific laws regulating communications between a collector and a debtor. As such, you want agents to be well-trained before ever speaking a word to a debtor. Educate Yourself on the Account. You don’t want to be clueless on what to say next should a debtor challenge the agents’ claims.

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Collections Debtor Collection Agencies Collections Agency 52

Titan Consulting

AUGUST 23, 2020

In addition to the fees you will pay to courts and your attorney, you will also incur fees for court approved financial education courses you must successfully complete to have your debts discharged. The bankruptcy trustee will sell any non-exempt assets to repay debtors before a discharge occurs.

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Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Unsecured Debt 86

FFGN COLLECT NY

MAY 27, 2024

In addition to educational components for consumers, the CFPB supervises and inspects banks and others to ensure compliance with the rules. Ultimately, creditors, debtors, collection agencies, and collection attorneys should support continued federal oversight of the Consumer Financial Protection Bureau.

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Collections Debt collector Debtor Education 52

Taurus Collect

MAY 12, 2024

By prioritising staff education, agencies commit to a higher standard of service. Tailoring payment schedules to match the debtor’s capacity ensures that the repayment process is not only manageable but also maintains the dignity of those involved. It underpins the trust placed in them by clients and debtors alike.

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FFGN COLLECT NY

NOVEMBER 30, 2022

In 2021, the allowable legal rate of interest that could be imputed on a consumer debt and added to a potential judgment against a consumer debtor was reduced from 9% to 2%. The newly passed New York State bills S6522A and A7363A add to existing measures enacted over the past two years.

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Collections Healthcare Garnishment Judgment 52

Taurus Collect

OCTOBER 19, 2022

Keeping in mind your sore points will also help ensure that all your collectors use the same communication strategy for every debtor. How you communicate with your debtors can truly affect the effectiveness of your collection operation. Words and tone matter!

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Collections Debtor Debt collector Collection Agencies 52

BN Lawyers

AUGUST 17, 2023

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) added new responsibilities for consumer debtors. These include pre-petition credit counseling, satisfying a means test for above-median debtors, and post-petition financial education. appeared first on Barron & Newburger, P.C.

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Debtor Education Bankruptcy 40

Payment Savvy

JUNE 24, 2020

They have to find ways to convince the debtor to pay while complying with debt collection rules and guidelines. They work directly with debtors to establish a positive relationship and create a realistic payback plan. This ranges from meeting ambitious deadlines and interacting with tricky debtors. Title changes.

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Collection Agent Collections Collection Agencies Collections Agency 52

Taurus Collect

FEBRUARY 1, 2024

Understanding the Debt Collection Process The debt collection process typically initiates once a creditor concludes an account is non-performing, meaning the debtor has missed payments for several months. Payment Plan Negotiations : Collectors will often try to work out a payment plan or settlement agreement with the debtor.

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Debt collector Debtor Creditors Collection Agencies 52

Payment Savvy

NOVEMBER 30, 2021

Regulation F affects everything from debtor communication to multi-state compliance. Any violation of the FDCPA towards a debtor means a potential lawsuit for your collection agency. The first set of rules focuses on debtor communication, including new technologies and abusive or unfair practices toward debtors.

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Debt collector Debtor Fair Debt Collection Garnishment 52

Sawin & Shea

MARCH 14, 2023

Indiana allows debtors to exempt assets when filing for bankruptcy up to a certain monetary amount, and that amount recently increased. The homestead exemption allows for debtors to protect their home’s equity, and this applies to either residential property or personal property that’s used as a residence, such as a trailer.

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Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Debtor 64

BN Lawyers

JUNE 12, 2019

Bankruptcy Court for the Northern District of Texas in the case of In re: Essential Financial Education, Inc. The Essential Financial Education, Inc. Ultimately, Essential Financial Education, Inc. the claims must aggregate at least $15,325 more than the value of any liens held with respect to the debtor’s property.

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Bankruptcy Debtor Creditors Education 40