REVIEWS
Travis and his entire team have been amazing and very helpful. They made the process very comfortable for me.- Nathan Berliner. 5/24/2020- They really care about helping you!!- Jacki Strader. 0/23/2020
- Nice- Fart Face. 7/23/2019
- Great place, great staff. They stopped a garnish right away for me, got my license back right away. They knew what they were doing and got all my creditors from the credit reports. Very helpful with questions. Attorney Travis was very understanding, good in court and the paralegals were super nice, too. I highly recommend and send my coworker there for help.- Sherry Brown. 9/30/2018
- Does great job on bankruptcy- Derek Hasson. 0/29/2018
- They attorney and his people are very nice and helpful. I would definitely recommend them- Brandi Bush. 9/4/2017
- They've been nothing but helpful in this process. Have answered any question with the level of professionalism you'd expect. Filling for a chapter 13 with them couldn't be going any smoother.- jay C. 0/14/2017
- I have known Travis Gagnier for many years, and his expertise with and compassion towards Chapter 13 debtors is of the highest caliber. David L. Evans, Attorney at Law Evans Law PLLC- David Evans. 11/2/2009
29 Reviews
DISCHARGING STUDENT LOANS IN BANRKUPTCY - NEW DEPT OF JUSTICE GUIDELINES ISSUED 11/17/22
We Offer Free Consultations At Our Office. If You Are Unable To Meet In Person, We Are Happy To Offer Free Skype Consultations As Well.
For the first time in over 20 years, student loans can be discharged in bankruptcy in many cases based on the new Department of Justice guidelines issued on November 17, 2022. The new guidelines on the dischargeability of student loans in bankruptcy are a sea change in the approach taken by the government. Before the new guidelines, the case law made discharging student loans all but impossible.
Under the new guidelines, discharging student loans appears to be much easier and streamlined to keeps costs down. You must still be in a bankruptcy and file a lawsuit, called an adversary proceeding, against the lenders for federally-backed student debt. Once in the lawsuit, the government would provide us the student loan info and history. We would then have to complete a detailed attestation to request discharge of student loans under the new guidelines.
BUT it appears that in many cases, the student loans will be discharged by agreement with the government based the attestation. The guidelines did not change the case law, so the judge has to approve the agreement. We expect approval based on the agreement. The new guidelines are separate from and can be done at the same time as the program from the Biden Administration, which is currently on indefinite hold.
These new guidelines will not help everyone. Folks making more above-median incomes will usually not qualify. But, there are several different ways to qualify, like being over 65, the school having closed, not finishing the program, etc. So, it makes sense to review your situation.
Contact us today to evaluate your specific situation. The initial consultation is free.
