Showing posts with label CHAPTER 7. Show all posts
Showing posts with label CHAPTER 7. Show all posts

Tuesday, December 29, 2020

These Student Loans Are Not Covered By DeVos’s Extension Of Relief

 

These Student Loans Are Not Covered By DeVos’s Extension Of Relief


Adam S. Minsky, Esq.

On Friday, Education Secretary Betsy DeVos announced an extension of the moratorium on student loan payments, interest, and collections to January, 31, 2021.

This additional month provides critical relief to millions of student loan borrowers struggling with repayment and averts an imminent “cliff” on December 31, when the relief was originally scheduled to expire. It gives Congress additional time to potentially extend the relief further into 2021 as part of larger stimulus negotiations. And it provides President-Elect Biden, who would be sworn in on January 20, with the opportunity to enact further relief through executive action if necessary.

But not all student loans are covered by DeVos’s extension. Here’s why.

The current moratorium on student loan payments, interest, and collections is a result of the CARES Act — bipartisan legislation that was enacted in March to provide economic relief in response to the COVID-19 pandemic. But the language in the CARES Act limited student loan relief only to government-held federal student loans. This includes federal Direct loans, and a small number of other types of federal loans that were acquired by, or assigned to, the U.S. Department of Education.

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But a large volume of student loans were excluded from the CARES Act’s provisions. Three main categories of loans are excluded:

  • Loans administered by the Family Federal Education Loan (FFEL) program. FFEL loans are federal loans originated by a private lender, but ultimately backed or guaranteed by the federal government. The FFEL program was discontinued in 2010, but there was still many borrowers who are repaying FFEL-program loans.
  • Perkins loans are federal loans originated by colleges and universities. They are neither Direct nor FFEL loans, and are not protected by the CARES Act.
  • Private student loans are purely private with no federal backing, and are issued and administered by banks and other commercial lending entities.

Because DeVos limited the extension of student loan relief to the existing moratorium under the CARES Act, the relief was not expanded to cover these other loan programs.

There is roughly $300 billion in outstanding student loans that are ultimately left out of the relief, according to the Student Borrower Protection Center. Of that, around there is $160 billion in privately-owned FFEL loans, $5 billion in Perkins loans, and $133 billion in private student loans.

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Congressional Democrats have been pushing to expand the CARES Act protections to cover FFEL loans and Perkins loans. Progressive lawmakers have also pushed for broad private student loan forgiveness, as well. The HEROES Act, which passed the House of Representatives on a largely party line vote in May, would have provided for up to $10,000 in private student loan forgiveness for borrowers in economic distress. But so far, these efforts have run into opposition in the Republican-controlled Senate.

A bipartisan group of senators unveiled a new, $900 billion stimulus bill last week designed to revive efforts to reach a compromise on broad economic relief before the end of the year. Included in this proposal is $4 billion dedicated to student loan relief. While this allocation of federal funds could be sufficient to cover an additional extension of the student loan moratorium further into 2021, specific details regarding student debt relief have yet to be disclosed, and it is not yet clear whether the current relief could be expanded to include the other types of student loans.

Wednesday, December 23, 2020

DeVos Extends Student Loan Relief Into 2021: What You Need To Know

 


DeVos Extends Student Loan Relief Into 2021: What You Need To Know


Adam S. Minsky, Esq.

Education Secretary Betsy DeVos has extended an existing moratorium on student loan payments, interest, and collections into 2021. The U.S. Department of Education announced the update in a press release on Friday. Here’s the latest.

For much of 2020, millions of student loan borrowers have not had to repay their federal student loans because of emergency pandemic relief under the CARES Act. This legislation suspended all payments and interest on government-held federal student loans. It also stopped all collections efforts — such was wage garnishments and offsets of Social Security benefits — for borrowers in default on their student loans. The student loan moratorium was originally supposed to end in September, but President Trump subsequently extended that relief to December 31.

Congressional Democrats have been pushing to further extend student loan relief well into 2021 as part of larger stimulus negotiations. House Democrats passed legislation that would push the student loan moratorium’s expiration to September 2021. But the Democratic-controlled House and Republican-led Senate have been at an impasse for months. President Trump suggested over the summer that his administration could further extend the moratorium through executive action, but he had not made any recent public comments to affirm this.

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The Department of Education just announced an extension of the student loan moratorium to January, 31, 2021. Citing its authority under the HEROES Act of 2003, the Department said, “Federal student loan borrowers will not be expected to make payments through January of next year, though they will continue to be able to do so and benefit from the 0% interest rate as they pay down principal. Non-payments will continue to count toward the number of payments required under an income-driven repayment plan, a loan rehabilitation agreement, or the Public Service Loan Forgiveness program.”

The additional month of relief for borrowers would avert an imminent “cliff” on December 31 — a potentially disruptive gap after the current relief expires, but before President-Elect Biden is sworn in on January 20, 2021. The resulting uncertainty has led student loan borrowers to scramble to budget for payments, apply for income-driven repayment plans, and consider whether to request hardship deferments or forbearances if they cannot afford their regular payments. Servicers would have started generating reminder notices for student loan bills as early as next week.

“The coronavirus pandemic has presented challenges for many students and borrowers, and this temporary pause in payments will help those who have been impacted," said Secretary DeVos. "The added time also allows Congress to do its job and determine what measures it believes are necessary and appropriate.”

A bipartisan group of senators unveiled a new, $900 billion stimulus bill this week designed to revive efforts to reach a compromise on broad economic relief before the end of the year. Included in this proposal is $4 billion dedicated to student loan relief. While this allocation of federal funds could be sufficient to cover an additional extension of the student loan moratorium further into 2021, specific details regarding student debt relief related to this stimulus proposal have yet to be disclosed.

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Furthermore, after President-Elect Biden is sworn into office on January 20, 2021, he could use executive action to enact additional student loan relief, as well. Consumer rights advocates and progressive Democrats in Congress are pushing Biden to use executive action to enact sweeping student loan relief, including an extended moratorium on payments as well as broad student loan forgiveness. Biden has indicated a willingness to enact some policy changes through aggressive executive action if necessary, but has been largely silent on his position regarding cancelling student debt via executive authority. He has expressed a preference for Congress to take action.

Friday, December 4, 2020

WHAT IS THE PROCESS? - BANKRUPTCY LAWYER IN NEW JERSEY (201) 646-3333

 HACKENSACK 

BANKRUPTCY LAWYER


Understanding the bankruptcy process is an important part in determining whether to file for bankruptcy and getting a clear picture of what you are up against over the next several months. The timeline and process associated with filing for bankruptcy in New Jersey will vary depending upon whether you file a Chapter 7 or Chapter 13 case, but the basic process has been laid out below:



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You can help ensure that the bankruptcy process goes as smoothly as possible and that your debt is successfully discharged by working with an experienced New Jersey Bankruptcy attorney.

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Thursday, November 19, 2020

WHAT SHOULD I EXPECT FROM A BANKRUPTCY ATTORNEY? - ATTORNEY IN NEW JERSEY (201) 646-3333

 


What Should I Expect from a Bankruptcy Attorney?

Bankruptcy, like most legal matters, is a process and the safest route is to have an attorney guide you through the process if you want to succeed.

A good bankruptcy attorney will give you peace of mind if they provide at least these four things:

  • An initial consultation to get an overview of your case
  • Advice on options available, including what type of bankruptcy to file
  • Completed paperwork necessary for filing bankruptcy
  • Representation when the case goes to court

The bankruptcy process begins with a 30-60 minute interview between you and a lawyer. If you are married, both of you should attend so that all questions can be answered honestly and accurately.

Making guesses about how much you owe and who you owe it to is not a good idea. The attorney will want some paperwork that backs up your answers on how many assets you have and how much you owe. Don’t hold anything back if you want an honest and accurate assessment of your situation.

When the attorney has enough documented evidence to evaluate your case, he should offer advice on how to proceed. A good attorney does not always recommend filing bankruptcy. It’s possible your problem could be resolved through less drastic means like debt settlement or maybe even a debt management program.

If your decision is to file bankruptcy, the next thing to expect from an attorney is filing paperwork with the court. Remember that the attorney is there to protect as many of your assets as he/she can, so chime in on what is most important to you.

Then, there is the matter of appearing before a judge. The lawyer should be experienced enough to give judges convincing evidence that you made some mistakes, have learned your lesson and will do much better financially if the judge will give you a second chance. This often is no problem in a Chapter 7 bankruptcy, but can get tricky in Chapter 13 when the lawyer must lay out a plausible payment plan that you can complete in less than five years.

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Do I Need a Bankruptcy Attorney?

Consumers may choose whether to hire an attorney or represent themselves in filing bankruptcy, but as the numbers cited above from the American Bankruptcy Institute clearly demonstrate, hiring an attorney is a huge advantage.

The math on this subject is overwhelming:

  • Only one in 25 consumers using an attorney loses a case when filing Chapter 7. One out of three who files on their own, loses in Chapter 7 cases.
  • Only about one in 50 consumers filing for themselves in Chapter 13, wins a case. Hire a lawyer and your chance for success is better than four-out-of-10.

The reasons are fairly obvious. Bankruptcy is a complex subject. Creditors want to get paid by consumers who say they don’t have the money. Lawyers on both sides are trying to convince judges that their client is right.

If you are not experienced in filing legal documents or arguing your case persuasively, you could lose on ridiculously simple mistakes. An experienced attorney knows what papers must be filed and what deadlines must be met. An experienced attorney knows the judges involved and what arguments they must make to get the result.

That is why hiring an attorney has so much higher a success rate that attempts to file on your own.

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Tuesday, November 17, 2020

WHAT IS CHAPTER 7? - BANKRUPTCY ATTORNEY IN BERGEN COUNTY (201) 646-3333

 

WHAT IS CHAPTER 7?



Chapter 7 of Title 11 of the United States Code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws of the United States. (In contrast, Chapters 11 and 13 govern the process of reorganization of a debtor in bankruptcy.) Chapter 7 is the most common form of bankruptcy in the United States.  

Individuals who reside, have a place of business, or own property in the United States may file for bankruptcy in a federal court under Chapter 7 ("straight bankruptcy", or liquidation). Chapter 7, as with other bankruptcy chapters, is not available to individuals who have had bankruptcy cases dismissed within the prior 180 days under specified circumstances.

In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. Most liens, however (such as real estate mortgages and security interests for car loans), survive. The value of property that can be claimed as exempt varies from state to state. Other assets, if any, are sold (liquidated) by the interim trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7. Common exceptions to discharge include child support, income taxes less than 3 years old and property taxes, student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing nor are property settlements through divorce. Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules.

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chapter 7 bankruptcy stays on an individual's credit report for 10 years from the date of filing the chapter 7 petition. This contrasts with a chapter 13 bankruptcy, which stays on an individual's credit report for 7 years from the date of filing the chapter 13 petition. This may make credit less available and/or terms less favorable, although high debt can have the same effect. That must be balanced against the removal of actual debt from the filer's record by the bankruptcy, which tends to improve creditworthiness. Consumer credit and creditworthiness is a complex subject, however. Future ability to obtain credit is dependent on multiple factors and difficult to predict.
Another aspect to consider is whether the debtor can avoid a challenge by the United States Trustee to his or her Chapter 7 filing as abusive. One factor in considering whether the U.S. Trustee can prevail in a challenge to the debtor's Chapter 7 filing is whether the debtor can otherwise afford to repay some or all of his debts out of disposable income in the five year time frame provided by Chapter 13. If so, then the U.S. Trustee may succeed in preventing the debtor from receiving a discharge under Chapter 7, effectively forcing the debtor into Chapter 13.
It is widely agreed amongst bankruptcy practitioners that the U.S. Trustee has become much more aggressive in recent times in pursuing (what the U.S. Trustee believes to be) abusive Chapter 7 filings Through these activities the U.S. Trustee has achieved a regulatory system that Congress and most creditor-friendly commentors have consistently espoused, i.e., a formal means test for Chapter 7. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has clarified this area of concern by making changes to the U.S. Bankruptcy Code that include, along with many other reforms, language imposing a means test for Chapter 7 cases.
Creditworthiness and the likelihood of receiving a Chapter 7 discharge are only a few of many issues to be considered in determining whether to file bankruptcy. The importance of the effects of bankruptcy on creditworthiness is sometimes overemphasized because by the time most debtors are ready to file for bankruptcy their credit score is already ruined.  Also, new credit extended post-petition is not covered by the discharge, so creditors may offer new credit to the newly-bankrupt.

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Tuesday, November 3, 2020

FILING JOINTLY - BANKRUPTCY ATTORNEY IN BERGEN COUTY NJ - (201) 646-3333

 


FILING JOINTLY


Married couples have special issues that they should take into account when filing for bankruptcy. Although not a requirement in New Jersey bankruptcy cases, spouses have the option to file chapter 7 or chapter 13 bankruptcy petition jointly. This is a special type of bankruptcy filing that allows spouses to file together. Essentially, a joint filing involves two separate bankruptcy cases that are administered as a single case in the interest of judicial economy. Only one filing fee is paid for a joint filing.




Is an Individual or Joint Filing Right For Me?


Determining whether you should file individually or jointly with your spouse is an important issue to consider when determining whether to file for bankruptcy in New Jersey. If you and your spouse share much of your debt, it may be in your best interests to file your petition jointly, as your spouse may be held liable by creditors for the debt that you share. When you consider that many married couples have joint credit cardsmortgage loans and car loans, filing a bankruptcy case jointly in Bergen/Hudson or Passaic County may be the only way to avoid having one spouse held liable for these debts by creditors who may enter a wage garnishment order or bank levy against the assets you want to protect.

Joint and individual bankruptcy in New Jersey will have different impacts on a debtor depending on whether they file a Chapter 7 or Chapter 13 case. For example, filing a Chapter 13 bankruptcy means that the non-filing spouse may be offered more protection from liability for shared debtsChapter 7, however, may offer no protection to the non-filing spouse.

Discussing the advantages and impacts that a joint bankruptcy filing by husband and wife in New Jersey will have on you and your spouse is important - and a free consultation with Bergen/Hudson County bankruptcy lawyerRafael Gomez will help you get started.


Mr. Gomez has helped many married couples who filed jointly and have lived in, for example, HackensackBogotaMaywoodLittle FerryParamusRochelle ParkMoonachieWood RidgeHasbrouck HeightsLodiGarfieldOradellClosterEnglewoodBergenfieldTeaneckRidgefield ParkCliffside ParkPalisades ParkLeoniaFort LeeTenaflyFairview and other Bergen County communities. He has also filed joint bankruptcy cases for married couples living in the Hudson County communities of Union CityWest New YorkNorth BergenJersey CityGuttenbergSecaucusBayonneKearnyHarrisonEast Newark and other nearby communities. In Passaic CountyMr. Gomez has filed joint bankruptcy case/petitions for married couples with marital debt who lived in PatersonPassaicCliftonHawthorneHaledonWest MilfordWest Paterson/Woodland ParkProspect ParkRingwoodTotowa and Wayne.