Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Student Loans: “When You’re in a Hole, Stop Digging,” Appeals Court Agrees

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Student Loans: “When You’re in a Hole, Stop Digging,” Appeals Court Agrees

    "The Eighth Circuit Bankruptcy Appellate Panel upheld a lower court’s ruling discharging $204,525.00 in student loans, despite the lender’s argument that the debtor could have continued her education and sought higher-paying employment as a chiropractor.

    Shaffer v. U.S Department of Education, No. 12-601o (8th Cir.BAP Oct. 30, 2012), involved an unmarried debtor in her mid thirties who filed chapter 7. She started her undergraduate education at the University of Northern Iowa in 1994, and later enrolled at Iowa University, obtaining a degree in psychology in 2002. Afterward, she attended Kirkwood Community College off and on, in order to qualify under her parents’ health insurance.

    In 2007, the debtor enrolled at Palmer College of Chiropractic Medicine, but she left after thirteen months after concluding that her student loan debt was insurmountable.

    The debtor also suffered from depression, eating disorders, self harm in the form of cutting, and anxiety. In 2008 she commenced employment at a women’s health clinic, but left one year later. She next worked as an accounts receivable specialist at a different employer, but left after depression caused her to take two leaves of absence, believing she was about to be fired.

    The debtor then worked at a variety of temporary jobs, cashed in her pension, relied on the support of her family, and collected disability. She filed chapter 7 in 2010, and then began employment in the radiation department at the University of Iowa, making about $1,600.00 per month net pay.

    After receiving a discharge of debts in her chapter 7 case, the debtor asked the bankruptcy court for a ruling that her $204,525.00 student loan debt was an undue hardship under 11 U.S.C. section 523(a)(8). The bankruptcy court agreed, and the lender appealed.

    The federal appeals court upheld the bankruptcy court’s finding that after all the debtor’s monthly living expenses were paid, she had less than $100.00 left over to pay toward her student loans. This was “minimal” and not enough to make progress toward paying off the student loans.

    The appeals court also dismissed the lender’s argument that the debtor’s income limitations were self-imposed, because she could have stayed in chiropractic school. Eventually, the argument ran, she could have attained a much higher salary than her current $1,600 per month net pay. However, the appeals court accepted the debtor’s testimony that she had good reasons to leave chiropractic school based upon wanting to avoid additional student loan debt. The appeals court quoted approvingly from Will Rogers: “When you find yourself in a hole, stop digging,” and also Kenny Rogers, “You got to … know when to fold ‘em.” The student loans’ discharge was therefore upheld."

    i'm not putting this up as an article since i can't get the "site" to come up. but it was worth posting. this was written by by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

  • #2
    I made a petition to get student loans disbursed in bankruptcy. Feel free to sign it to help me get it to the president.

    wh.gov/XDhX

    Comment


    • #3
      Originally posted by tzimizie View Post
      I made a petition to get student loans disbursed in bankruptcy. Feel free to sign it to help me get it to the president.

      wh.gov/XDhX
      tzimizie, please do not keep posting the same thing in different threads. You could start a new thread under general bankruptcy talk.

      Also, if the petition can be edited, you may want to revise "disbursed" to "discharged". When petitioning the White House, it's a good idea to use the correct terminology. Also, your energy may be better spent by encouraging people to lobby their representatives in congress. I believe there is legislation stuck in committee (in the Senate, I believe) that would make student loans dischargeable.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


      • #4
        Originally posted by LadyInTheRed View Post
        tzimizie, please do not keep posting the same thing in different threads. You could start a new thread under general bankruptcy talk.

        Also, if the petition can be edited, you may want to revise "disbursed" to "discharged". When petitioning the White House, it's a good idea to use the correct terminology. Also, your energy may be better spent by encouraging people to lobby their representatives in congress. I believe there is legislation stuck in committee (in the Senate, I believe) that would make student loans dischargeable.
        He didn't make it LIR. I escorted him to the door..........
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

        Comment

        Unconfigured Ad Widget

        Collapse
        Working...
        X