Student Loan Forgiveness Via SAVE: 10th Circuit Saves the Day!

[@MikeStedman]

I had trouble with your online contact form. Wondering what your consultation fee is?

[@denisedoherty4909]

Trying to find out what the fee is for a strategy session

[@samerhassan868]

Any legal consultations is free except the student loan consultation, $450/ hour. 🤥

[@ArkovichLaw]

That's it.

[@schmactor]

Thank you so much for these clear and concise videos! Can you explain what it means that the forgiveness aspect of SAVE is being debated? Does this mean the 20 or 25 year path to forgiveness which has been a huge part of IBR plans for decades is in danger? I consolidated my graduate loans after 20 years of payments because I was told it was the only way to be eligible for the recalculation of qualified payment months that has been promised for almost 2 years now. Am I in danger of losing those 20 years towards my forgiveness?

[@ArkovichLaw]

The other IDR plans are not being challenged (IBR, Paye, Repaye, ICR etc.), and have been approved by Congress. It's SAVE that is in danger. The IDR audit to give you credit for times that may not be counted such as extended forbearances is supposed to occur by the end of September. Your prior consolidation for the IDR audit if you applied before 6/30 or up until everything was paused in July, should not cause waiver of any prior IDR time you'd accumulated. I should probably do another video on this aspect. The IDR audit hasn't been challenged in court, BUT the goalposts of completing those has moved several times since Dec 2023. It's been extended several times, but has been working really well with monthly reviews taking place and forgiveness. I hope it hasn't been halted internally - I haven't heard that so please don't be worried about that. Please look into Paye for grad loans. If your loans fit the date requirements, PAYE has a 20 year IDR term, not 25 for grad loans.

[@JonHulett]

I'd like to comment as a constitutional libertarian who is also a consumer protectionist. I think regulation is needed against bigger parties that may file into a qualified party rule under things like a contract of adhesion, like employers and Banks. The student loans still qualifies for this. While I am not sure actually discharging debts is constitutional, things like all aspects of the SAVE plan actually are. I'm so glad for your work, and others, to defend this because at is root, if we shouldn't have been providing these loans we shouldn't require them to be paid back.

[@MysTarey]

These videos are helpful!

[@ArkovichLaw]

Glad you like them and hope the info has helped you!

[@odiedancer4168]

But if the Supreme Court reject's, wouldn't that mean the WHOLE save plan is gone? Even the provisions (such as the already 5% payments) already approved? I think Missouri is going for abolishing the whole SAVE PLAN becasue it harms MOHELA and their payments. Or is the lawsuite just for the forgiveness protion of the plan? Can you explain?

[@user-es5jq6yy9l]

What is double consolidation

[@ArkovichLaw]

Please take a look at our double consolidation videos - this is working and you have until July 2025 to reduce your Parent Plus loan this way. We can also help - please reach out to us for a strategy session at [e-mail] or 813-258-2808.

[@markcarrier2475]

Could a Trump administration change the clasification of the consolidated parent plus loans to not be eligible for SAVE after they were admiited to that program?

[@ArkovichLaw]

We don't really know. Arguably the Chevron decision out of the U.S. Supreme Court should stop executive action by administrative agencies where an act of Congress should be required. But presidential executive orders should still be allowed. These regs though, have been passed following a lengthy process, you would think the same process would have to be passed to cancel them. But if they were determined to be unconstitutional from the start? We really don't know. Right now, the regs allowing double consolidation for other IDRs for anyone doing a double before July 2025 is the law. The IDR may turn out to be IBR or Repaye if SAVE doesn't survive. Still much better than ICR.

[@user-es5jq6yy9l]

Hello I have federal student loans. I have not been able to work consistently and in any significant manner for variety of reasons for five years . I also have credit card debt I use in order to survive I'm technically homeless Can I file bankruptcy what are the chances of discharge. I've never been able to pay on these loans. Some are from 2004

[@ArkovichLaw]

Sounds like your chances are pretty good. If undergrad loans though, and Direct, you might wait to see how much IDR credit you'll get in September during the IDR recount/audit. If most of that time counts, and if you've consolidated before June 30 so the earliest loan repayment date counts for all - you may have reached the 20 year mark for forgiveness for undergrad loans already. But a bankruptcy would be very promising for both student loans under the new Attestation rules and credit cards.

[@user-es5jq6yy9l]

​@@ArkovichLawI only have one undergrad from 2004 but went back for a master's in 2006 and then back in 2013 for pharmacy so they have not been in repayment this whole time. I consolidated but I'm not sure it was a good idebut haven't really able to work much. Does it matter if the loans never have been paid for all these years. I need a consult because if I file bankruptcy I will never get a place to live

[@user-es5jq6yy9l]

Most of my loans are graduate.

[@user-es5jq6yy9l]

@@ArkovichLaw I'm in a different state can you still help me