Student Loans & Solutions

Student Loan Debt – The Looming Crisis

Constance: “There are political factions who want to destroy the Public Service Loan Forgiveness Program (PSLF) for non-profit organizations.”

Course Description

This course deals with federally guaranteed educational loans. The amount of Student Loan debt is substantial and exceeds other consumer debts. Only mortgage loans exceed the value of Student Loan debt for consumers. Student Loan debt is non-dischargeable in Bankruptcy, where other consumer debt is dischargeable.

The default and delinquency rates on these student loans are significantly higher than other unsecured obligations. Defaulted loans pose substantial problems for borrowers. In addition, collectors of Federal Student Loans are given special and extraordinary collection devices including offsets against a borrower’s social security payments, garnishment and other collection powers.
The solutions available to borrowers whether the student loan is classified as a Federal or Private loan are limited. The administrative solutions are complicated and the number of borrowers who are consulting attorneys to represent them is increasing.

The course identifies the types of Student Loan debt; and the options available to student loan borrowers based on current federal law including administrative and legal considerations. And, provides information on the practical aspects of dealing with educational loans through repayment plans, deferment, forbearance, loan rehabilitation, compromise and settlement agreements, and disability.

The course is applicable for lawyers and staff. There are alternatives available for restructuring educational loans pursuant to existing federal administrative programs. Where these solutions are not obtainable, this course notes both state court and federal bankruptcy court considerations.

Interactive CLE Credits
Florida: 3.0 General; 0.5 Ethics
New York: 3.0 General
Cost: $159.00 – Instant Online Delivery Enroll Now

Course Outline

Session 01: Nancy L. Cavey, Esq. and Constance d’Angelis, Esq.     TIME: 58 min

I Student Loan Debt: A National Issue

1. A. History of Student Loans in the United States
2. B. Federal and Private guaranteed loans
3. C. Student Loan Debt Statistics and Data
4. D. Decision-makers and Agencies

II Identifying Federal and Private Student Loan Debt

1. A. Federal Student Loan
   1. 1. Direct Stafford
      1. a. Subsidized
      2. b. Unsubsidized
   2. 2. Direct Consolidated
   3. 3. Perkins
   4. 4. Federal Family Education Loan Program (FFEL)
   5. 5. Student Plus
   6. 6. Parent Plus
   7. 7. SLS, Joint Consolidated, Medical/Nursing

1. B. Private Loans
   1. 1. Student loan Marketing Association (Sallie Mae)
   2. 2. Student Loan Asset Backed Securities (SLABS)
   3. 3. Banks – originators
   4. 4. Student Loan Securitization – depositors and collectors

1. C. Determining Type of Loan
   1. 1. NSLDS website
   2. 2. Sallie Mae
   3. 3. Credit reports
   4. 4. AWG (Administrative Wage Garnishment) and/or Law Suit documentation

III Federal Student Loan Repayment Data

1. A. In-school deferment
2. B. Grace period
3. C. Deferment
4. D. Forbearance
5. E. Repayment Programs
6. F. Delinquency
7. G. Default

IV Federal Repayment Plans

1. A. Standard, Graduated, Extended Fixed, Income Sensitive Repayment (ISR)
2. B. Pay as You Earn Repayment (PAYE);Income Contingent Repayment (ICR) Income-Based Repayment (IBR), alternative

Session 02: Nancy L. Cavey, Esq. and Constance d’Angelis, Esq.      TIME: 42 min

V. Federal Repayment Critical Issues

1. A. Default – Interest capitalization
2. B. Curing Default
3. C. Rehabilitation
4. D. Consolidation
5. E. Administrative Discharge

VI. Federal Repayment Options/Programs

1. A. Time-based – Standard, Graduated, Extended Plan, Extended Graduated
2. B. Income-based – PAYE, ICR, IBR, ISR

Session 03: Nancy L. Cavey, Esq. and Constance d’Angelis, Esq.     TIME: 38 min

VII Federal Loan Forgiveness Programs including Public Service Loan Forgiveness (PSLFP)

VIII Federal Loan Administrative Discharge Programs including Total and Permanent Disability (TPD)

IX Ethical Issues

1. A. Exhaustion of Administrative Remedies
2. B. Private Student Loans
3. C. Conflicts – Borrowers: Student, Parent and Co-signer
4. D. Knowledge of remedies, client data and eligibility
5. E. U.S. Bankruptcy
   1. 1. Preparation of Schedules
   2. 2. Malpractice traps
      1. a. Chapter 7
      2. b. Chapter 13
   3. 3. Discharge in Bankruptcy

TOTAL TIME: 138 minutes

Special Free Bonus: ROCK AND ROLL WISDOM AND STUDENT LOAN LAW – What Every Bankruptcy Judge Needs to Know NOW! Presented by Nancy Cavey

More From These Presenters on Student Loans

Hear Constance d’Angelis talk about the student loan crisis on Law Talk with Suzi Marteny 

Nancy Cavey presented Student Loan Practice Tips & Malpractice Traps, Tampa, Florida for The United States Bankruptcy Court for the Middle District of Florida.

More Student Loan Resources

Free Guide: Cavey, N. Student Loans (What They Didn’t Tell You!) 

Cornell University Video: Mettler, S. Degrees of Inequality: How the Politics of Higher Education Sabotaged the American Dream

Online Video Presentation Enroll Now

Student Loans and Solutions Course
Video instruction with electronic copies of all seminar and supplemental materials. Plus, bonus presentation by Nancy Cavey.
Certificate: Downloadable electronic certificate for course participants.
Cost: $159.00
Instant Online Delivery

Enroll in the video course and watch the content online