Mother of Deceased Addict Wins Bankruptcy Discharge of $63,500.00 in Private Student Loans Taken for Son's Drug Treatment
Los Angeles, California (PRWEB) July 11, 2015 -- A Los Angeles bankruptcy judge ordered student loans to be discharged on July 6, 2015 because they did not qualify as education loans under 11 U.S.C. 523(a)(8). Judge Neiter, United States Bankruptcy Judge in the Los Angeles Division of the Central District of California, presided over the adversary proceeding case no. 2:14-ap-01722-RN, Schwartz v. National Collegiate Student Loan Trust and granted Summary Judgment yesterday in favor of Ms. Schwartz, discharging nearly $63,500.00 in private student loans.
According to court papers and the Judge's tentative ruling, Ms. Schwartz's son had attempted suicide and was placed in a psychiatric hospital for three days. During his stay, he was assessed and determined he needed residential treatment. Upon admission to YouthCare treatment facility in Utah, her son was given an intake assessment and psychiatric evaluation. To pay for his treatment, Ms. Schwartz executed a loan agreement ("Private Student Loan") through Bank of America, N.A., that was later sold to National Collegiate Student Loan Trust.
The Court stated in its ruling, "Defendant does not dispute that the loan at issue is not a qualified education loan under 11 U.S.C. §523(a)(8)(B). The court found in favor of Ms. Schwartz and ordered the debt discharged. The Schwartz family is grateful that the death of their son to a drug overdose is honored by the elimination of this lingering debt burden."
The Law Office of Christine A. Kingston, author and nationally known student loan lawyer, handled the civil and bankruptcy matters. Attorney Kingston moved the civil collections lawsuit into bankruptcy court, reopening Ms. Schwartz's bankruptcy case so that court could determine the dischargeability issue. "Each case is unique in my approach," says attorney Kingston. "I look at the entire picture of my client's lives and find a solution that gets them out of debt as quickly and economically as possible." Attorney Kingston also advises those struggling with their student loan debts to seek the advice of an attorney because there are more options, including a bankruptcy discharge under some circumstances.
About Law Office of Christine A. Kingston
Author of 5 Steps to Freedom From Debt and nationally known student loan, consumer protection and bankruptcy lawyer of Law Offices of Christine A. Kingston, which represents families facing financial difficulties, burdened by debts including taxes, student loans, credit cards, medical bills, law suits, fallen behind on home mortgage payments, or facing auto loans they can no longer afford. The firm has helped clients eliminate student loan debt and helped reduce principal mortgages through the bankruptcy process. The law firm is passionate about helping clients achieve financial freedom from their debts and fights oppressive debt collectors.
For more information, please call (714) 406-1654 or visit their website at http://www.losangelesbankruptcylawmonitor.com for a free consultation.
Christine Kingston, Law Office of Christine A. Kingston, http://www.losangelesbankruptcylawmonitor.com/, +1 (714) 533-9210, [email protected]
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