Student Loan Discharge Defense
When your loans are at risk, Weltman comes to your defense
There's a myth that when your student borrower files for bankruptcy, your rights as the lender are forfeited. That's simply not true.
There are a very narrow set of circumstances under which a borrower's student loans can be discharged, or “forgiven,” when they file for bankruptcy. In most cases - when appropriate actions are taken - these debts can survive the bankruptcy, and the borrower is still responsible for repayment. When you enlist the help of a Weltman bankruptcy attorney, we make every effort to advocate on your behalf, and return the investment you're rightfully due.
Our Services Include
In-Depth Case Review
When your file is referred to the Weltman Bankruptcy Group, our seasoned team of bankruptcy assistants, management, and attorneys will provide a timely and thorough review of each student loan account before recommending a plan to either defend a discharge action, or seek recovery through the bankruptcy proceeding.
Adversary Proceeding Representation
In some instances, it may be necessary to defend an adversary complaint brought by a debtor requesting that their student loan debt be discharged. With more than 35 in-house bankruptcy attorneys, professional staff, and our nationwide attorney network, rest assured your case is covered – wherever you or your borrower resides.
Reorganization Plan Review
In a chapter 11 or 13 bankruptcy case, we will review the debtor’s proposed plan and – keeping your best interests in mind - determine whether any adverse treatment exists. If a formal objection is required, we will file and prosecute the plan objection on your behalf, so your loan is not subjected to discharge and proper distributions are received.
Compliant Letter and Call Programs
If our research confirms that the borrower’s loan was not discharged, we will send a formal letter, along with copies of the order of discharge. When collection efforts resume, we can easily move the file back to our in-house collection team to initiate call and letter programs.
Publications
Insights / 16 August 2021
Bipartisan Senate Bill 2598: Its Effect on Students and Schools
Insights / 24 September 2020
COVID-19's Impact on Commercial Real Estate
Insights / 15 September 2020