A recent court decision may mean that much-needed debt relief will finally be on the way for students defrauded by unscrupulous for-profit colleges and universities. The decision, handed down by a federal judge earlier this month, finds that the U.S. Department of Education - and its leader, Secretary Betsy DeVos - acted in an "arbitrary and capricious" manner by delaying Obama-administration rules regarding debt forgiveness and forbearance for affected students.
Last month, we blogged about the challenge of getting student loans discharged in bankruptcy. In that post, we talked about the legal standard of "undue hardship" that must be met in New Mexico to have your student loans discharged in bankruptcy.
Many New Mexicans face daunting student loan payments each month that restrict their abilities to buy homes and vehicles as well as, ironically, to begin to put money away for their own children's future college educations. While the federal government and some private lenders offer repayment plans based on income that reduce monthly payments as well as other options like deferment or forbearance, some student loan debtors are either not eligible for relief or even with it, the payments are still very difficult.
Some of our clients come to us for advice about how to handle staggering levels of student loan debt. We educate them about options for relieving the pressure of monthly student loan payments, such as those discussed in this previous post.
Borrowing student loans in order to attend classes can often increase a student's earning potential. Unfortunately, if the expected income does not materialize, student loan payments can become a burden.