Have You Been Sued by National Collegiate Student Loan Trust?

One of the more notorious private student loan businesses in America is National Collegiate Trust.    National Collegiate Trust is an organization that specializes in the collection of private student loan debt in New Hampshire,  Massachusetts and elsewhere.    Since your loan is one of thousands of student loans transferred multiple times, this can create a real …

Bankruptcy Means You Don’t Have to Take it Any More

When a consumer files bankruptcy, the bankruptcy court warns creditors they may face a lawsuit awarding damages and attorney’s fees unless all debt collection stops. The technical term for failing to do so is violating the “automatic stay.’ As it sounds, this protection takes effect automatically. It is intended to provide some ‘breathing space’ from …

Using the Claims Objection Process in Chapter 13 to Resolve Student Loan Disputes

With student loan debt going back years, if not decades, having to disprove a billing error can be a daunting task.   Old payments on older student loans can become important only after assignment to a new servicer when a problem first comes to light.  Even if a borrower finds old canceled checks, how those payments …

Court Sanctions Student Loan Monitor, ECMC, For Abusing the Bankruptcy System

Student loan borrowers won a significant battle when the federal first circuit found ECMC, a student loan monitor, abused the bankruptcy system in its collection of student loan debt.   Hann v. ECMC, 711 F.3d 235 (1st Cir. 2013).  Finding that Hann owed nothing,  both a bankruptcy judge panel and the First Circuit Court of Appeals …

Bankruptcy Truths

Bankruptcy has a bad rap.  It’s true.  Working in bankruptcy, we see so many of the harsh realities our clients are facing each day.  Outside the bankruptcy circle (including bankruptcy attorneys, financial advisors and even the courts), bankruptcy has a bad image.  “Bankruptcy is great for people who rack up enormous debt and then can’t …