what type of specialized attorney i need for student loan

A student loan bankruptcy lawyer is an attorney with advanced knowledge of student loans and the process to discharge those types of debt in bankruptcy court. They are a student loan attorney, meaning they have a deep understanding of federal and private student loans.

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Should I hire a student loan lawyer?

May 26, 2017 · The Difference Between An Attorney And Other Student Loan Debt Assistance. First off, it's important to distinguish between paid help for your student loan debt, and legal help for your student loan debt. Many borrowers who need help fall into the first category - they are just looking for professional advice for their student loan situation.

Do I need a lawyer to file bankruptcy for student loans?

A student loan lawyer is a general term to describe the types of problems an attorney handles. It does not, however, always mean the same thing. Until the late 19th century, most people didn’t go to law school – they apprenticed in a process called “reading law”. It wasn’t until 1906 that the Association of American Law Schools ...

How do I find a good student loan attorney?

Here is the main reason you need a student loan lawyer to fight for you and protect you against student loan lenders, such as Navient, Discover, National Collegiate Trust, etc. — there is A LOT of money exchanging hands in the student lending market. Whenever there is a lot of money exchanging hands in an industry, people tend to get greedy and break the rules.

What's the difference between a student loan attorney and student loan assistance?

Jul 23, 2018 · Call to schedule a free consultation with Shaw Defense, student loan bankruptcy lawyers, to get help from an experienced student loan lawyer who will work for you. We’re the experts on helping with student loan issues and, if you need help, please contact us today to see if we can help you resolve your student loan situation.

When should I hire a student loan lawyer?

Student loan lawyers can help if you find yourself in a difficult situation that you can't get out of on your own. If you're deep in the trenches and dealing with default or bankruptcy, you might want to consider looking for legal help.Dec 30, 2020

Can I sue my student loan company?

While it is unlikely that you will be able to personally sue your student loan servicer, you may be able to enter a class action lawsuit. Each class action lawsuit is unique, so there are no guaranteed outcomes for plaintiffs.Aug 31, 2021

How do you fight student loans?

Qualify For A Federal Student Loan Forgiveness Program. ... Find State Assistance For Your Student Loans. ... Find Out If Your Employer Offers Tuition Reimbursement. ... Consolidate Your Federal Student Loans. ... Find A Repayment Plan That Matches Your Ability To Pay. ... Setup An Income-Based Repayment Plan With Loan Forgiveness.More items...•Oct 23, 2021

Can you sue the government for student loans?

States Can Sue Federal Student Loan Servicers, Education Department Says - The New York Times. Business|The Education Department ends its effort to stop states from suing federal student loan servicers.Aug 9, 2021

Do student loans go away after 7 years?

Do student loans go away after 7 years? Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and are wondering, "why did my student loans disappear?" The answer is that you have defaulted student loans.Jan 13, 2022

How do I respond to a student loan lawsuit?

Here's what you need to do if you're being sued for your student loans:Get background information.Speak with a student loan lawyer.Answer the lawsuit.Head to court.Jun 30, 2021

How can I get rid of student loans fast?

9 ways to pay off your student loans fastMake additional payments.Establish a college repayment fund.Start early with a part-time job in college.Stick to a budget.Consider refinancing.Apply for loan forgiveness.Lower your interest rate through discounts.Take advantage of tax deductions.More items...•Nov 17, 2021

How can I get rid of my student loans?

All you need to do is file an account dispute with each of the three credit bureaus, and they'll be required by law to follow up with the loan servicer within 30 days. If the servicer confirms the corrected information to the bureaus, the negative information will be removed.Aug 6, 2021

Can student loans be discharged after 20 years?

Any outstanding balance on your loan will be forgiven if you haven't repaid your loan in full after 20 years or 25 years, depending on when you received your first loans. You may have to pay income tax on any amount that is forgiven.

Can Parent sue child for student loans?

There is nothing you need to do at this point. Your parents cannot sue you as they are not the lender. They can stop paying on the loan and there may be consequences, but unless the loan is in your name and your parents are the lenders, they...

What happens when you stop paying student loan?

If you pay back more than you owe HM Revenue and Customs (HMRC) will tell your employer to stop taking repayments from your salary when you have repaid your loan in full. It can take around 4 weeks for salary deductions to stop. This means you may pay back more than you owe.

How to file for bankruptcy for student loans?

To get a student loan discharge in bankruptcy you have to do two things: 1 File a bankruptcy case and 2 File an adversary (lawsuit) to discharge your student debt

What happens to student loans in bankruptcy?

For the most part, whether you file a chapter 7 bankruptcy or chapter 13 bankruptcy, pretty much the same thing happens to your student loan debt: your student loan payments are suspended. your loans are placed in a bankruptcy deferment/forbearance and.

What is an adversary proceeding?

The adversary proceeding is simply a lawsuit. In that lawsuit, you'll ask your bankruptcy judge to discharge your student loan debt because it’s causing you and your dependents an undue hardship. Typically, your bankruptcy lawyer will tell you that they can't help you with your student loans.

Can bankruptcy help with student loans?

Bankruptcy can help with both federal student loans and private student loans. For instance, if you have high student loan payments on your private loans, a chapter 13 bankruptcy can give you a lower payment for the next 3 to 5 years. Or if you’re facing a student loan wage garnishment, a bankruptcy filing will stop that from happening.

Can student loans be garnished?

any wage garnishment for student loans and other debt stops. At the end of your bankruptcy proceedings, you'll get rid of dischargeable debt (think unsecured debt like credit card debt, medical bills, etc.). Your student loan debt will remain, however. To get rid of that debt, you'll need to file an adversary proceeding.

When did student loans become dischargeable?

Before 1980, student loan debt was dischargeable without having to prove undue hardship. Your financial situation didn't matter. Congress started to change the rules as the Department of Education began lending more and more student loans to borrowers.

Is it hard to discharge student loans?

Many bankruptcy attorneys will tell you that discharging student loans is something that can't be done. It's just too hard. But here's the thing. Hard doesn' t mean impossible. It just means hard. Also, sometimes filing an adversary proceeding to discharge student loan debt isn't about getting an actual discharge.

Why Finding a Student Loan Attorney is Difficult

If you are having difficulty finding an attorney to take on your student loan case, it doesn’t necessarily mean you have a bad case. It is difficult to find a student loan attorney because there are so few. Even though student loans affect millions in the U.S., few attorneys are knowledgeable on the laws surrounding student loan issues.

Step Number One: Familiarize Yourself with the Relevant Student Loan Law

Don’t worry. You don’t need to be a legal scholar to get through this step. You just need to familiarize yourself with the basics of the relevant laws. The Internet provides a good resource for doing this. There are often websites, such as this one, that provide a broad overview of the concepts you’ll need to be aware of.

Step Number Two: Explain the Relevant Facts of Your Case

One of the most frequent mistakes we see people make when they’re explaining a legal situation is that they skip over important facts and focus on irrelevant details.

Step Number Three: Show That the Law is on Your Side

Legal research can be both expensive and time-consuming. If you can find cases, ideally in your court’s jurisdiction, you can save your attorney some time and convince them that you have a winnable case. This is another place where the research you did before can come in handy.

Step Number Four: Have Realistic Expectations

For many attorneys time is money. You will likely be asking them to step outside of their typical area of practice. Many attorneys prefer to stick to their niche and not stray into other types of cases. When you discuss what you are looking for, be sure to get to the point.

How to get help with student loan debt?

According to Adam Minsky, a lawyer will typically help with the following when it comes to student loan debt:​ 1 Advice and counsel regarding your legal rights and options for your student loans. 2 Direct representation and advocacy in communications with student loan lenders, servicers, debt collection agencies, credit bureaus, dispute bodies, and other relevant entities. 3 Negotiations with student loan lenders, servicers, and debt collection agencies to obtain a desired resolution. 4 Assistance in the preparation, completion, and review of student loan-related documentation such as program applications, letters and correspondence, and contractual agreements (such as student loan rehabilitation or settlement agreements). 5 Representation in court to defend you against a student loan collections lawsuit or to pursue companies that have harmed you.

What is Avvo for lawyers?

Avvo also provides a record of client reviews and peer endorsements, which can be helpful in selecting an attorney. Once you find an attorney you might want to work with, cross-reference the attorney with your state bar association to see if that attorney has any record of public discipline.

What is a NACA?

NACA is a bar association for attorneys who only represent consumers and borrowers, and you can search for local attorneys who have listed “student loans” as an area of practice. Contact your state bar association for a referral (many state bar associations have referral services).

Who is Robert Farrington?

Robert Farrington. Robert Farrington is America’s Millennial Money Expert® and America’s Student Loan Debt Expert™, and the founder of The College Investor, a personal finance site dedicated to helping millennials escape student loan debt to start investing and building wealth for the future.

Is student loan debt hard?

Dealing with a difficult student loan situation can be tough. It's not only financially draining, but it can be extremely hard emotionally. If you find yourself wanting professional help for your student loan debt, make sure you consider whether a lawyer is the right choice.

Do I need a lawyer for student loans?

The fact is, most issues with your student loan debt doesn't require the services of a lawyer. For many things, such as changing your repayment plan or applying for student loan forgiveness programs, you can fill out the paperwork or online form yourself. However, there are scenarios where it can be very beneficial to pay a lawyer ...

What are the two main types of student loans?

There are two main categories of student loans: federal and private. Federal student loans, such as Stafford Loans are backed by the federal government and are highly regulated. We do not work with federal student loans. On the contrary, private student loans may be issued by well known banks, like Citigroup or Chase Bank.

Can you file for bankruptcy with a student loan?

In most situations, neither federal student loans nor private student loans are eligible to be discharged in bankruptcy. However, in some cases, you can have a federal student loan discharged if you experienced serious problems with your school, worked in public service, or have a severe disability.

What to do if you are being sued for student loans?

If you are being sued or are in collections, in most cases you will want to speak with a student loan lawyer. Often an attorney can help you see solutions you might miss before the window of opportunity for action narrows. Even if you decide to proceed on your own, it is a good idea to consult with an attorney.

What is it called when you can't pay your student loan?

Federal student loans and some private ones allow a postponement of payment under certain circumstances. This is called deferment. Various circumstances qualify such as being in school or the military.

How many people default on student loans?

Over 3,000 people default on their federal student loans each day in the United States. Fortunately, you have many options to help you get your payments under control, and most of these you can do yourself. However, there are occasions when it pays to hire a student loan lawyer. A student loan lawyer is an attorney who is experienced in dealing ...

How long do student loans take to default?

Your student loans are in default when you have not made payments for 270 days (about nine months). This is the point that signals to a lender that you do not intent to pay back a loan. Therefore, they will refer your case to a collection agency to take action against you. If you act quickly, you may be able to work things out with your loan servicer yourself. Even then, consulting with a student loan lawyer is not a bad idea even if you handle the bulk of the work yourself.

What is a TLFP?

The Teacher Loan Forgiveness Program (TLFP) is for those who teach in low-income schools or educational service agencies. To apply for student loan forgiveness for a teaching position, complete a Teacher Loan Forgiveness Application and submit it to your loan servicer.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy: Chapter 13 is a reorganization where you still repay debts but do so under a plan that prioritizes debts and may enable you to pay less every month while the plan is in place. If you have student loans, you will still owe the unpaid amount after the end of the Chapter 13 plan.

Can you file for bankruptcy if you have student loans?

Some debts, such as credit card debts, are automatically discharged in a Chapter 7 bankruptcy. However, student loan debt is not automatically discharged. You must prove to the court that being forced to pay your student loans would cause you “undue hardship”.

What to do if student loan defaults?

A lawyer may be able to help if you are in default, but before it comes to that, consider how to take back control of your student loan payments. If you’re struggling with your student loan debt, first speak with your servicer or lender to: Discuss repayment options, such as an income-driven repayment plan.

Who is Anna Helhoski?

About the author: Anna Helhoski is a writer and NerdWallet's authority on student loans. Her work has appeared in The Associated Press, The New York Times, The Washington Post and USA Today. Read more.

What is the Ombudsman Group?

For example, the U.S. Department of Education has an Ombudsman Group that can look into disputes between borrowers and servicers. Borrowers can also file a complaint with the federal Consumer Financial Protection Bureau, which oversees many aspects of student loan servicing.