Attorney Richard Gaudreau

Category: Student Loan Debt

Seismic Change in Discharging Federal Student Loans in Bankruptcy

The U.S. Department of Education’s (“DOE”) promise of a kinder and gentler response to complaints to discharge federal student loans in bankruptcy has been long awaited and may have arrived.    On November 17, 2022, DOE announced a radical departure in how it will analyze these types of cases.  The new procedure can result in DOE...

Student Loan Victories

The law is stacked against student loan borrowers in many ways which forces student loan lawyers to be creative so when that results in an outright victory for a borrower it is a fine day in the neighborhood. Some of mine include the following: (1) Got sanctions in NH Bankruptcy Court against ECMC for its...

Statute of Limitations for Private Student Loans

Private student loans are the worst debt in America, bar none.  Lenders have flocked to making private student loans, knowing there are few legal protections available to borrowers.  I can get rid of IRS debt in a bankruptcy easier than I can student loan debt.  One of my clients was told his payment would be...

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...

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...