Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

This Bill would make Certain Forgiven Student Loan Debt Tax-Free

Owing on a debt you cannot repay is bad enough, but owing federal taxes on that debt after you no longer have to repay it is even worse. Federal tax law requires that in most cases when a loan is forgiven, the amount that is written off by the lender is taxable income to the previous debtor.

Sen. Debbie Stabenow, D-Michigan, thinks that it is unfair when the debt was incurred under fraudulent circumstances, specifically to pay for college. She has introduced a bill that would protect defrauded borrowers from being taxed on their forgiven student loan debt, called the Student Tax Relief Act.

Her bill, S. 3008, was drafted in the wake of the Corinthian Colleges, Inc. downfall and the federal investigation that followed.  The Department of Education discovered that the now-defunct for-profit chain defrauded students at more than 100 schools in more than 20 states across the country.

Following the fraud finding, the Education Department told students who borrowed money to attend Corinthian classes that they would not have to repay those loans. Affected students can apply for loan forgiveness through the department’s Federal Student Aid division.

As of March 1, nearly 9,000 claims have been processed from former Corinthian students nationwide, totaling more than $132 million, according to The Education Department. The Corinthian students were also provided special tax relief on the amounts written off by the Department of Education.

Stabenow’s bill, which has 7 Democratic co-sponsors in the Senate, would give the same tax relief to students in similar educational fraud cases.

“When students take out loans to attend college, they should get a fair deal and a fair shot,” said Stabenow in announcing the introduction of the Student Tax Relief Act. “No student should be the victim of false advertising from a college that promises skills or job placement. And the last thing they deserve is to be hit with an enormous tax burden on their forgiven loans.”

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For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

 

Bankruptcy Law, Credit, Debt Relief, Student Loans, Timothy Kingcade Posts

Surge in Student Loan Debt Cancellation Requests

The Obama administration has received nearly 20,000 applications from Americans seeking to have their student loan debt cancelled on the grounds they were deceived by the universities they attended. The increase has led to the government forgiving tens of millions of dollars for borrowers.

Under a decade-old law, known as the “borrower defense,” borrowers are entitled to have their loans forgiven if they can prove their school used deceptive advertising and recruiting practices. This law had sat dormant for years. However, last year the Education Department, at the urging of student activists, started using the law to cancel loans taken out by former students of Corinthian Colleges. The for-profit chain was liquidated in bankruptcy last year after federal regulators accused it of running advertisements that cited false statistics on the employment status and earnings of graduates.

As of January, the agency had received about 7,500 applications for forgiveness from borrowers owing a combined $164 million.  The agency continues to review applications on a case-by-case basis. It has agreed to cancel more than $27 million in debt for 3,421 borrowers, many of them former Corinthian students.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Bankruptcy Law, Debt Relief, Student Loans, Timothy Kingcade Posts

How Victims of School Fraud Can Apply for Student Loan Forgiveness

This past year, thousands of student loan borrowers have discovered that they can apply to have their student loan debt forgiven. The forgiveness program was enacted in 1994 is called the “borrower defense” or “defense to repayment.” The program is intended to assist students’ whose schools violated a state law during the recruiting process.  However, the vague nature of the program has forced the Education Department to begin drafting new rules that will clarify what is required to prove fraud.

How To Apply

Anyone who has borrowed from the government’s Direct Loan program for any institution is eligible to apply for the forgiveness program. If you wish to apply for the program, visit: https://borrowerdischarge.ed.gov and fill out the online application. Although it states that the application is for Corinthian College borrowers, any eligible student from any college can apply.

The U.S. Education Department has hired a “special master” to review the applications and make recommendations to the agency. Two reports have been issued since and can be found at:

https://www2.ed.gov/documents/press-releases/report-special-master-borrower-defense-1.pdf

https://www2.ed.gov/documents/press-releases/report-special-master-borrower-defense-2.pdf

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Related Resources:

http://blogs.wsj.com/briefly/2016/01/20/student-debt-forgiveness-for-victims-of-school-fraud-at-a-glance/

Bankruptcy Law, Student Loans, Timothy Kingcade Posts

More Student Loan Debt Forgiven for Corinthian College Students

The government is erasing student loan debt for more than 7,000 former students of the now-defunct Corinthian Colleges- totaling over $100 million.  According to a recent report, the Education Department has approved a second wave of loan forgiveness for students who attended this college and took out loans.  This one is for students who filed “borrower’s defense” claims with the government, alleging they were lied to or mislead. At one time, Corinthian was one of the largest chains of for-profit colleges, but filed for bankruptcy protection in May 2015 after allegations of fraud surfaced.

The department’s undersecretary, Ted Mitchell said, “We will continue to provide forgiveness to every student who has been similarly mistreated.”

In a progress report released by the department, Joseph Smith, who is overseeing the debt relief, said his team has approved relief for 1,300 former Heald College students, totaling nearly $28 million in loans that now will not have to be repaid to the government.

Heald, which had campuses in California, Hawaii and Oregon, was one of three schools under the Corinthian umbrella.  The other two were Everest (with 10 Florida campuses) and WyoTech.

Another 5,800 former students from Heald, Everest and WyoTech who filed “closed-school” claims with the government will see their debt discharged, totaling $75 million. It is expected that tens of millions of dollars of additional relief will be granted in the coming months under the closed-school claims.

Education officials have predicted that if all Corinthian students who borrowed government money (dating back to 2010) would seek relief, the total cost would be $3.2 billion in student loan debt relief.

Click here to read more on this story.

For borrowers who are struggling with student loan debt, relief options are available. Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.