Courts have consistently held that there is no private right of enforcement under the Higher Education Act (HEA). In case after case, borrowers, often without the benefit of legal counsel, are unable to enforce their rights. Congress has created many new and improved options for fed
“Student loans are not like other forms of consumer debts-they are a direct result of public policy…For the borrower, we acknowledge the different nature of the debt by making it nondischargeable in bankruptcy, meaning that he or she has a higher “moral” obligt
Congress passed a bill on June 23 that will provide much-needed relief for borrowers in default on their federal student loans. President Obama is expected to sign the bill. There are only a few ways for federal student loan borrowers to get out of default. Loan cancellations or ban
The Supreme Court announced this week that it will hear a student loan bankruptcy dischargeabilty case, Espinosa v. USA Funds. The Associated Press states that the Supreme Court will be deciding whether student loans can be dismissed through bankruptcy with just a notice to the colle
This is the first of a series of articles addressing common arguments in the student loan bankruptcy debate. “If private student debt can be discharged in bankruptcy, that creates risk, and the result will increase the cost of tuition.” Scott Talbot, Financial Services Roundtable, quo
Emma (not her real name) is typical of borrowers we assist at the SLBA. She is 60 years old, sufficiently disabled to qualify for Social Security Disability and Supplemental Security Income, but not considered permanently disabled by Department of Education standards. She has over $5,
We have assisted many borrowers over the years and we continually encounter collection, guaranty agency and government staff that do not follow the rules governing the federal student loan programs. To make matters worse, many collection employees treat borrowers horribly even when th
Please understand that we do not provide legal advice about individual cases. This web site includes links to other resources for those who seek individualized legal advice or other help not offered here. This site is for people who already have student loans and want to know more about their options and rights.