Ten Reasons to Cancel Student Loan Debt
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Case 19-00368 Doc 26 Filed 06/21/21 Page 1 of 20 Entered: June 21St, 2021 Signed: June 21St, 2021
Case 19-00368 Doc 26 Filed 06/21/21 Page 1 of 20 Entered: June 21st, 2021 Signed: June 21st, 2021 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at Baltimore In re: * * Terry Lucille Randall, * Case No. 19-21815-MMH * Debtor. * Chapter 7 * * * * * * * * * * * * * * * Terry Lucille Randall, * * Plaintiff, * Adversary No. 19-00368-MMH v. * * Navient Solutions, * * Defendant. * * * * * * * * * * * * * * MEMORANDUM OPINION A bankruptcy case generally offers the honest but unfortunate debtor a financial fresh start. This objective is implemented through the bankruptcy discharge, which allows most debtors to eliminate most of their prepetition debts upon completing their bankruptcy cases. Although the Bankruptcy Code1 reflects Congressional intent to provide debtors with as broad of a discharge as possible, Congress has expressly excepted certain kinds of debt from the bankruptcy discharge. One of the most significant categories of debt excepted from discharge, and at issue in this adversary proceeding, is student loan debt. 1 11 U.S.C. §§ 101 et seq. (the “Code”). Case 19-00368 Doc 26 Filed 06/21/21 Page 2 of 20 The debtor in this proceeding owes over $500,000 in general unsecured student loan debt, with approximately $190,000 of that being owed to the defendant. The debtor is 68 years old, does not own any meaningful assets, and is not incurring any unnecessary or excessive expenses. Despite holding various degrees, the debtor has been working for the past several years at a job paying approximately $13 per hour, with some opportunity for overtime. The debtor testified that she has tried to repay her student loan debt but that the money just is not there. -
Do I Need to File the Free Application for Federal Student Aid (FAFSA) to Apply for the Citizens Bank Student Loan Or Citizens Bank Student Loan for Parents? A: No
Citizens Bank Student Loans FAQ Student Lending, the Citizens Bank Student Loan™ and Citizens Bank Student Loan for Parents™ Q: Do I need to file the Free Application for Federal Student Aid (FAFSA) to apply for the Citizens Bank Student Loan or Citizens Bank Student Loan for Parents? A: No. Citizens Bank Student Loan and Citizens Bank Student Loan for Parents borrowers do not need to submit a FAFSA. Simply complete the online application to apply. However, we recommend that you also consider available federal student loan options, for which a FAFSA will be required. You can obtain more information about federal student loan programs at the Department of Education website www.direct.ed.gov. Q: Can I use a Citizens Bank Student Loan or Citizens Bank Student Loan for Parents to help pay for books and personal expenses? A: Yes. Our Citizens Bank Student Loan and Citizens Bank Student Loan for Parents can be used to help pay for school-related costs beyond that of tuition while the student is enrolled in school. Examples of these costs are books and living expenses, such as meals and rent, and the maximum amount you can borrow each year is determined by the school. Q: What is the difference between the Citizens Bank Student Loan or Citizens Bank Student Loan for Parents? A: The biggest difference between the two products is that with the Citizens Bank Student Loan, the student is the primary borrower (with the ability to add a qualified cosigner) who is liable for the repayment of the loan. With the Citizens Bank Student Loan for Parents, the borrower is a parent or other sponsor who has taken out the loan for the benefit of the student (this option does not allow for a co-signer) and that borrower remains the sole person responsible for repayment of the loan. -
Its Perceived Effects on Behaviour and Life Choices – a Literature Review
Centre for Global Higher Education working paper series Graduate indebtedness: its perceived effects on behaviour and life choices – a literature review Ariane de Gayardon, Claire Callender, KC Deane and Stephen DesJardins Working paper no. 38 June 2018 Published by the Centre for Global Higher Education, UCL Institute of Education, London WC1H 0AL www.researchcghe.org © the authors 2018 ISSN 2398-564X The Centre for Global Higher Education (CGHE) is a research partnership of international universities, funded by the Economic and Social Research Council (ESRC) and the Higher Education Funding Council for England (HEFCE) and based at the UCL Institute of Education. CGHE’s research is focused on higher education and its future development and aims to inform and improve higher education policy and practice. CGHE’s three research programmes integrate local, national and global perspectives, and its researchers are based in nine countries across five continents: Europe, Asia, Africa, Australia and North America. The support of the Economic and Social Research Council (ESRC) and the Higher Education Funding Council for England (HEFCE) is gratefully acknowledged. Graduate indebtedness: its perceived effects on behaviour and life choices – a literature review Ariane de Gayardon, Claire Callender, KC Deane and Stephen DesJardins Contents Abstract ........................................................................................ 4 1. Introduction .............................................................................. 6 2. Student loans -
Corporate Bonds and Debentures
Corporate Bonds and Debentures FCS Vinita Nair Vinod Kothari Company Kolkata: New Delhi: Mumbai: 1006-1009, Krishna A-467, First Floor, 403-406, Shreyas Chambers 224 AJC Bose Road Defence Colony, 175, D N Road, Fort Kolkata – 700 017 New Delhi-110024 Mumbai Phone: 033 2281 3742/7715 Phone: 011 41315340 Phone: 022 2261 4021/ 6237 0959 Email: [email protected] Email: [email protected] Email: [email protected] Website: www.vinodkothari.com 1 Copyright & Disclaimer . This presentation is only for academic purposes; this is not intended to be a professional advice or opinion. Anyone relying on this does so at one’s own discretion. Please do consult your professional consultant for any matter covered by this presentation. The contents of the presentation are intended solely for the use of the client to whom the same is marked by us. No circulation, publication, or unauthorised use of the presentation in any form is allowed, except with our prior written permission. No part of this presentation is intended to be solicitation of professional assignment. 2 About Us Vinod Kothari and Company, company secretaries, is a firm with over 30 years of vintage Based out of Kolkata, New Delhi & Mumbai We are a team of qualified company secretaries, chartered accountants, lawyers and managers. Our Organization’s Credo: Focus on capabilities; opportunities follow 3 Law & Practice relating to Corporate Bonds & Debentures 4 The book can be ordered by clicking here Outline . Introduction to Debentures . State of Indian Bond Market . Comparison of debentures with other forms of borrowings/securities . Types of Debentures . Modes of Issuance & Regulatory Framework . -
Predatory Lending Divestment Note for Advantage
Predatory Lending Divestment Note for Advantage SRI Advantage Capital Strategies identifies industries that have detrimental environmental, social, and economic effects and takes action to mitigate risk both through screening and advocating for change. The Predatory Lending Industry Explained Predatory lending refers to payday lenders, pawnbrokers, rent-to-own stores, subprime mortgage and auto loan providers, and cheque cashers.1 These types of loans can be acquired by almost anyone regardless of financial background, but they come with exorbitantly high interest rates and other fees. Payday loans are not provided by financial institutions such as banks, which are regulated by the federal government, but rather by providers who are regulated provincially. Many provinces do not have restrictions on payday loans, although recently there have been some provincial efforts to better control the industry. Advantage Canada SRI does not invest in companies engaged in predatory lending because of the negative social effects of this industry. There are currently no predatory lending companies on the S&P 500. The Economic Rationale for Divestment Predatory lenders are subject to provincial regulation, but they are not currently subject to the same federal regulations as financial institutions such as banks. The operation of predatory lenders is a contentious issue, as they often provide necessary financial services to those who could otherwise not access them, but charge extremely high interest rates while doing so. Recently there has been a push from certain organizations for provinces to impose stricter regulations on payday loan providers. For example, Alberta recently implemented strict regulations on the interest rates predatory lenders can charge, a change that has severely crippled the industry in that province.2 The possibility of further provincial or federal regulation on predatory lenders represents an economic risk for these companies and therefore for investors. -
Repaying Your Loans
FEDERAL STUDENT LOANS Repaying Your Loans ® This guide provides information about repayment of loans from the following federal student loan programs: • The William D. Ford Federal Direct Loan (Direct Loan) Program— Under this program, loans are made by the U.S. Department of Education (ED). • The Federal Perkins Loan Program—Under this program, loans are made by schools. • The Federal Family Education Loan (FFEL) Program—Under this program, now discontinued, loans were made by banks or other financial institutions. No new FFEL Program loans have been made since July 1, 2010, but you may have an FFEL if you were attending school before that date. Note: Although Perkins Loans are made by schools and FFEL Program loans were made by financial institutions, these loans—like Direct Loans—are federal student loans. U.S. Department of Education Counselors, Mentors, and Other Professionals Order online at: www.FSAPubs.gov Federal Student Aid E-mail your request to: [email protected] This guide does not provide information about repayment of the James W. Runcie Call in your request toll free: 1-800-394-7084 following types of loans: PLUS loans made to parents; private education Chief Operating Officer Those who use a telecommunications device for the deaf (TDD) or a teletypewriter (TTY) should call loans (made by a bank or other financial institution under that Customer Experience Office 1-877-576-7734. Brenda F. Wensil organization’s own lending program, not the FFEL Program); school Chief Customer Experience Officer Online Access loans (not Perkins Loans); or loans made through a state loan program. -
Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit
No. ______ In the Supreme Court of the United States MARK WARREN TETZLAFF, PETITIONER v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI DOUGLAS HALLWARD-DRIEMEIER Counsel of Record JAMES M. WILTON JONATHAN R. FERENCE-BURKE MARTHA E. MARTIR JOHN T. DEY* ROPES & GRAY LLP ROPES & GRAY LLP Prudential Tower 2099 Pennsylvania Avenue, N.W. 800 Boylston Street Washington, D.C. 20006 Boston, MA 02199 (202) 508-4600 Douglas.Hallward-Driemeier@ ropesgray.com D. ROSS MARTIN ROPES & GRAY LLP 1211 Avenue of the Americas New York, NY 10036 * Not admitted to practice in the District of Columbia; supervised by Ropes & Gray LLP partners who are members of the District of Columbia bar QUESTIONS PRESENTED Under the Bankruptcy Code, student loan debt is dischargeable in cases of “undue hardship.” 11 U.S.C. 523(a)(8). To determine whether petitioner had shown “undue hardship,” the court of appeals applied its ver- sion of the three-element Brunner test. See Brunner v. N.Y. State Higher Educ. Servs. Corp., 831 F.2d 395, 396 (2d Cir. 1987). As two elements of that test, the court of appeals requires a debtor to establish a past good faith effort to repay student loans and a “certainty of hopelessness” that he will never be able to repay his student loan debt in the future. Other courts of appeals apply substantially different versions of the Brunner test, requiring that the debtor’s inability to pay be “likely to persist for a significant portion of the repay- ment period,” but not requiring a “certainty of hope- lessness.” Courts in two circuits have rejected the Brunner test altogether, adopting a more lenient standard based on the “totality of the circumstances.” This case presents the following questions: 1. -
Interest-Rate-Growth Differentials and Government Debt Dynamics
From: OECD Journal: Economic Studies Access the journal at: http://dx.doi.org/10.1787/19952856 Interest-rate-growth differentials and government debt dynamics David Turner, Francesca Spinelli Please cite this article as: Turner, David and Francesca Spinelli (2012), “Interest-rate-growth differentials and government debt dynamics”, OECD Journal: Economic Studies, Vol. 2012/1. http://dx.doi.org/10.1787/eco_studies-2012-5k912k0zkhf8 This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. OECD Journal: Economic Studies Volume 2012 © OECD 2013 Interest-rate-growth differentials and government debt dynamics by David Turner and Francesca Spinelli* The differential between the interest rate paid to service government debt and the growth rate of the economy is a key concept in assessing fiscal sustainability. Among OECD economies, this differential was unusually low for much of the last decade compared with the 1980s and the first half of the 1990s. This article investigates the reasons behind this profile using panel estimation on selected OECD economies as means of providing some guidance as to its future development. The results suggest that the fall is partly explained by lower inflation volatility associated with the adoption of monetary policy regimes credibly targeting low inflation, which might be expected to continue. However, the low differential is also partly explained by factors which are likely to be reversed in the future, including very low policy rates, the “global savings glut” and the effect which the European Monetary Union had in reducing long-term interest differentials in the pre-crisis period. -
The Nondischargeability of Student Loans in Personal Bankruptcy Proceedings: the Search for a Theory
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2007 The ondiN schargeability of Student Loans in Personal Bankruptcy Proceedings: The eS arch for a Theory John A. E. Pottow University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/710 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Bankruptcy Law Commons, Comparative and Foreign Law Commons, Education Law Commons, and the Legislation Commons Recommended Citation Pottow, John A. E. "The ondN ischargeability of Student Loans in Personal Bankruptcy Proceedings: The eS arch for a Theory." Canadian Bus. L. J. 44, no. 2 (2007): 245-78. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE NONDISCHARGEABILITY OF STUDENT LOANS IN PERSONAL BANKRUPTCY PROCEEDINGS: THE SEARCH FOR A THEORY John A.E. Pottow* I. INTRODUCTION In fiscal year 2002, approximately 5.8 million Americans borrowed $38 billion (USD) in federal student loans. This was more than triple the $11.7 billion borrowed in 1990.' As a rule of thumb, tuition has been increasing at roughly double the rate of inflation in recent years.2 This troubling trend of accelerating tuition, coupled with the fact that real income has stagnated for men and increased only modestly for women over the past two decades,' means that more and more students are going to need to turn to borrowed money to finance their degrees absent a radical restructuring of the post- secondary education system. -
USDA Single Family Housing Guaranteed Loan Program
USDA Single Family Housing Guaranteed Loan Program No down payment loans for rural borrowers with incomes below 115 percent of area median income as defined by USDA BACKGROUND AND PURPOSE BORROWER CRITERIA The U.S. Department of Agriculture’s (USDA) Income limits: This program is limited to borrowers Single Family Housing Guaranteed Loan Program with incomes up to 115 percent of AMI (as defined by (Guaranteed Loan Program) is designed to serve eli- USDA). Approximately 30 percent of Guaranteed Loans gible rural residents with incomes below 115 percent are made to families with incomes below 80 percent of of area median income or AMI (see USDA definition in AMI. An applicant must have dependable income that overview) who are unable to obtain adequate hous- is adequate to support the mortgage. ing through conventional financing. Guaranteed Loans Credit: Borrowers must have reasonable credit his- are originated, underwritten, and closed by a USDA tories and an income that is dependable enough to approved private sector or commercial lender. The support the loans but be unable to obtain reasonable Rural Housing Service (RHS) guarantees the loan at credit from another source. 100 percent of the loss for the first 35 percent of the original loan and 85 percent of the loss on the remain- First-time homebuyers: If funding levels are limited ing 65 percent. The program is entirely supported by near the end of a fiscal year, applications are prioritized the upfront and annual guarantee fees collected at the to accommodate first-time homebuyers. time of loan origination. Occupancy and ownership of other properties: The dwelling purchased with a Guaranteed Loan must be PROGRAM NAME Single Family Housing Guaranteed Loan Program AGENCY U.S. -
Sample Debt Validation Letter (Send Via Certified Mail, Return Receipt Requested)
Sample Debt Validation Letter (Send via certified mail, return receipt requested) Date: Your Name Your Address Your City, State, Zip Collection Agency Name Collection Agency Address Collection Agency City, State, Zip RE: Account # (Fill in Account Number) To Whom It May Concern: Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following: Violation of the Fair Debt Collection Practices Act and Defamation of Character. -
On Student Loans
Personal Finance Student Loan Fact Sheet Series Recovering from Student Loan Default Carrie L. Johnson, Ph.D. | North Dakota State University Failing to make regularly scheduled student loan Federal employees face the possibility of having payments can have a very negative effect on a 15% of their disposable pay reduced by their consumer’s life. Federal loan servicers report employer to pay back student loan debt. delinquencies of at least 90 days to the three major It will take years to reestablish your credit and credit bureaus (Equifax, Experian, and recover from default. TransUnion). Default occurs when an individual fails to make a student loan payment for more than Avoiding Default 270 days. For private loans, each lender will have If you are having difficulty making student loan different rules. This fact sheet will focus on rules payments, it is essential to be proactive and avoid regarding federal student loans. going into default. By contacting your loan servicer, you may be able to switch repayment plans, change Consequences of Default your payment due date, or get a deferment or The consequences of student loan default can be forbearance. financially devastating. Below is a list of default consequences as stated on the Federal Student Aid A deferment is a postponement of payment on your website (https://studentaid.ed.gov/sa/repay- loan that is allowed under certain circumstances. loans/default). Interest on Subsidized loans is also postponed. You The entire balance of your loan and interest is qualify for a deferment in the following situations: immediately due and payable. During a period of at least half-time enrollment You lose eligibility for deferment, forbearance, in college or career school.