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CONGRATULATIONS!!!! - Christine Wilton Discharges Student Loans for Parents!
Hey Everyone:
Check out this great article about Christine Wilton!
Student Loan Lawyer Wins One For ConsumersPR Web
Lakewood, CA (PRWEB) June 30, 2012
California attorney Christine A. Wilton received a favorable ruling in
Bankruptcy Court Tuesday June 26, 2012, discharging approximately $57,000
in student loan debt on behalf of her clients. At a time when student loan
debt is a looming crisis, it's great to see attorneys succeeding on behalf
of consumers.
Attorney Christine says that it's important to seek repayment options
before coming into bankruptcy to discharge student loans. "Our case law
requires the debtors to make a good faith effort to repay their debts by
maximizing their income potential and minimizing their expenses first," she
said. There are several student loan repayment options and knowing what is
available is the first step toward kicking Sallie Mae to the curb.
Eliminating student loan debt in bankruptcy court is a very high burden for
debtors to meet under the Brunner Test, which was adopted in the 9th
Circuit under In re Pena, 155 F.3d 1108 (1998). The three-part test for a
bankruptcy discharge of a student loan requires (1) that the debtor
establish that they cannot maintain, based on current income and expenses,
a 'minimal' standard of living; (2) the debtor must show that additional
circumstances exist indicating this state of affairs is likely to persist
for a significant portion of the repayment period; and (3) that the debtor
has made a good faith effort to repay the loans. There have been subsequent
cases after Pena that have narrowed the field and made it virtually
impossible to discharge student loans in bankruptcy.
Her clients in this case, Schaffer v. ECMC (2:11-ap-01878-RN), were parents
who took the student loans under a Parent's Plus loan program on behalf of
their son and the lender never required their son to co-sign on the loans.
When her husband fell ill in 2006 their household income dropped
significantly. "I believe Judge Neiter made the right ruling in this case,"
said Attorney Wilton. "How can my clients be expected to repay their
student loans when they can't even get current on their mortgage payments."
They have truly done everything they could to reduce their expenses and
without any college education themselves, their income potential has been
reached. "It's truly rewarding to see such a great family free from
oppressive debts."
Christine A. Wilton is a consumer bankruptcy attorney in private practice
in Lakewood, California who litigates on behalf of her clients in
bankruptcy court in the Central District.
Read the full story at http://www.prweb.com/releases/2012/6/prweb9652894.htm
R. Grace Rodriguez, Esq.
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Hey Everyone:Check out this great article about Christine Wilton!
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