Q: 1998 Bankruptcy included student loans. Can a lawyer help me get them discharged/forgiven?
They are federal student loans serviced by Navient for attenting ITT Technical Institute. Further, the school has closed having lost federal approval for student loans, meaning they violated laws and misrepresented to students, perhaps that is a way towards forgiveness. I was an Instructor then Education Supervisor there and had a 'whistle-blower' lawsuit that showed them falsifying records, perhaps that's enough?
A:
Short answer. Probably not. ITT was closed effective September 6, 2016. Go to the Department of Education’s website https://studentaid.ed.gov/sa/about/announcements/itt to see the latest news. You attended over 18 years ago so the Closed School Discharge is not available to you.
You should look into Defense to Repayment. You could complete the application, submit it to the Department of Education and see what happens. Expect a wait as there will be a great number of students submitting DTR applications on account of ITT. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
Leon Bayer agrees with this answer
A:
You might need to find the exact date your bankruptcy case was filed.
Federal student loans that had been in repayment for at least 7 years were dischargeable in bankruptcy cases filed prior to October 7, 1998.
If that does not work for you, perhaps the school closure may provide you with a further basis for relief.
I suggest you consult with a Certified Bankruptcy Specialist for possible representation.
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