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Student loan discharge Form: What You Should Know

I. Introduction When the government provides loan debt relief, it is usually due to the failure of a government-sponsored program. This type of debt relief generally occurs either  · because of the bad economic times · and through the bankruptcy process,  · by filing a case with a bankruptcy court.  · when your income is above certain levels, and or if you can't pay the debt · through any other type of relief listed in this FAQ page.  In the “for more, more...” section of this FAQ we will list federal loan programs with a specific section for loan discharges and loan forgiveness programs.  II. Section 621 of the Higher Education Act gives authority to the Secretary of Education, through contract or law, to ensure that lenders are lending only to qualified individuals. These loan programs, along with other rules, procedures and practices are set forth in the federal regulations. The regulations are the rules set forth by the federal government pertaining to a specific program within the Higher Education Act.   Federal Regulations — Loans for Students (PDF). If you have a Federal student loan, you must comply with the regulations set forth by the federal government governing the program in accordance with the Higher Education Act.  The Higher Education Act is currently  being reviewed with respect to changes to the Higher Education Act governing student lending and loan repayment. Under the current legislation, the regulations must be adjusted to address the need of the new regulations.  The Higher Education Act requires lenders to make reasonable efforts to identify an applicant with a demonstrated financial ability to repay her loan in a timely manner.   The Higher Education Act also requires lenders to make reasonable efforts to determine the borrower's annual income and related resources and to obtain a determination whether the program will help the borrower meet that income and resources. In the absence of a determination of eligibility to receive assistance, the government may seek to provide loans in order to increase income sufficient to repay the loan.  It also states that the lending parties will have a duty to determine whether the borrower qualifies for public service loan forgiveness or loan discharge if there is a reasonable expectation that repayment will not be made in a timely manner and the loan or loan repayment method is likely to increase the borrower's monthly payments.

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