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Orlando Consumer Rights Lawyer - providing affordable legal services concerning Debt Collector Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal services, for residents of Orlando, Kissimmee, and throughout Central Florida.

Call The Debt Relief Law Center at Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation with Attorney, N. James Turner

In the case of Conway v. Nat’l Collegiate Student Loan Trust (In re Conway), B.A.P. 8th Cir., No. 13-6016), a bankruptcy judge’s determination that a Chapter 7 debtor’s student loans were not an undue burden was clearly erroneous according to the U.S. Bankruptcy Appellate Panel (BAP) for the Eighth Circuit.

The BAP found that the debtor did not have reasonably reliable future financial resources and reversed and remanded the bankruptcy court’s decision that the student loans were not dischargeable.

Between 2003 and 2006, the debtor entered into 15 separate student loans with National Collegiate Student Loan Trust (NCSLT) with a total original balance of $70,100.

The Bankruptcy Judge found that the debtor’s NCSLT loans were not an undue hardship pursuant to Section 523(a)(8) of the Bankruptcy Code and therefore they should not be discharged and the debtor appealed this ruling to the BAP.

Under Section 523(a)(8), student loans are not dischargeable unless they impose an “undue hardship” on the debtor, which the debtor bears the burden of proving by a preponderance of the evidence. While “undue hardship” is not defined by the Bankruptcy Code, the BAP said that in the Eighth Circuit, a “totality of the circumstances” test is used. The BAP said that this test has three factors, which are: (1) the debtor’s past, present, and reasonably reliable future financial resources; (2) the debtor’s reasonable and necessary living expenses; and (3) any other relevant facts and circumstances.

The debtor stipulated that her income, which fluctuated due to seasonal hours of operation at one of her jobs, was between $1,379 and $2,040 in 2012. She argued that her income was unlikely to increase in the future and testified that despite sending out more than 200 job applications she had been unable to find full-time employment commensurate with her education level. However, the bankruptcy court found the debtor to be “articulate, poised, intelligent, and quite capable” and concluded that she had ample to time to find the financial resources to pay NCSLT in the future.

The BAP disagreed with the bankruptcy court’s assessment of the debtor’s reasonably reliable future income. The BAP said that it was clear from the record that the debtor had never made much more than $25,000 a year having graduated eight years prior and despite her “diligent efforts to find higher paying work.” The BAP also disagreed with the bankruptcy court’s conclusion that the debtor had $300 a month in disposable income. The BAP said that because Conway’s income fluctuates, she has as much as $300 of disposable income in some months, but none in others. The court also found that the $846 minimum monthly principal and interest payment due to NCSLT was substantially higher than the alleged $300 of disposable income.


Contact Consumer Rights Lawyer, N. James Turner at The Debt Relief Law Center by Calling Toll Free 1.888.877.5103 to Schedule a Confidential and FREE Legal Consultation.

Orlando Consumer Rights Lawyer, N. James Turner proudly serves the Debt Collector Harassment, Debt Collection Defense, Bankruptcy, Student Loan Dispute, Credit Repair, and other Consumer Law legal needs for residents of Orlando, Kissimmee, Orange County, Osceola County, Seminole County, and throughout Central Florida.

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debt collection defense


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If you are dealing with a situation in which you, as a consumer, are not being dealt with properly in a consumer related transaction or circumstance, find out what your legal rights are. Seek the advice and representation of experienced legal counsel.

credit card debt defense


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Every day those with credit card debt are harassed by a number of collection agencies that commonly use unethical and sometimes illegal means to attempt to collect debt.


student loan debt defense


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Higher education is an investment in one's future; and it can be expensive. If you are being harassed by student loan creditors or debt collection agencies, find out what your legal rights and options are. Make sure your are informed and your rights are protected.

Debt Collector Harassment


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Being harassed by creditors or debt collectors is illegal. There are both State and Federal Debt Collection Laws that exist to protect the consumer from harassment and other illegal activities by collection agencies, their subsidiaries, and third parties.

Credit Report Repair


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We will investigate your credit report error and make sure that the error is corrected. we will dispute the item, insisting that the information furnisher produces evidence substantiating the error or removes the item.


bankruptcy attorney


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Bankruptcy is a mechanism of the Federal Government to allow debtors (people who owe money) to restart their lives when they have gotten into a financial dilemma where there is no reasonable way to repay the debts they owe.



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Orlando Consumer Rights Lawyer - watch these informative videos about consumer rights in the financial services industry.


frequently asked questions


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We answer some of the most common Debt Collector Harassment Question that we hear on a daily basis.




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Si usted es una de las millones de personas acosadas por un cobrador de deudas desaprensivo, la ley está de su parte. El Acta de Prácticas Justas Para el Cobro de Deudas, regula las prácticas de los cobradores de deudas y les impone sanciones que rompen las reglas.



Attorney N James Turner


Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of Debt Collector Harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.

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