Student loan debt is a crushing burden for millions of Americans—and it’s not just the size of the debt that causes problems. Borrowers often face misleading communication, bureaucratic red tape, and unfair practices by loan servicers. In some cases, these actions may even violate your legal rights.
If you’re struggling with your student loans, you’re not alone—and more importantly, you have options. Understanding your rights and exploring potential legal remedies can help protect your financial future.
Servicers Aren’t Always on Your Side
A recent investigation by the Student Borrower Protection Center exposed that MOHELA, a major student loan servicer, misled borrowers about their repayment options and then quietly forced them to waive their rights through misleading communications. These actions potentially harmed countless borrowers—especially those pursuing loan forgiveness programs.
This is not an isolated incident. Across the country, borrowers report:
- Being misinformed about repayment plans or forgiveness options
- Delays in processing payments or applications
- Errors in loan balances
- Difficulty accessing Public Service Loan Forgiveness (PSLF) or Income-Driven Repayment (IDR) adjustments
Unfortunately, many borrowers don’t realize that these issues could warrant legal action.
Can Student Loans Be Discharged?
It’s a common myth that student loans can never be discharged in bankruptcy—but that’s not entirely true.
Under the right circumstances, it is possible to seek a discharge if you can demonstrate “undue hardship.” Though the standard is high, recent court decisions and changes in Department of Education policies are making it more realistic for some borrowers.
Courts consider factors such as:
- Your current income and expenses
- Whether your financial hardship is likely to continue
- Your efforts to repay the loans in good faith
In addition to bankruptcy, other legal avenues may include filing formal complaints, seeking restitution from a deceptive loan servicer, or having your loans forgiven due to servicer misconduct.
How a Student Loan Attorney Can Help
Student loan law is complex, but a knowledgeable attorney can help you:
- Review your loans and servicer communications for errors or misconduct
- Explore income-driven repayment and forgiveness programs
- File complaints with federal or state agencies
- Represent you in court or in bankruptcy proceedings
- Protect your rights from unfair or deceptive practices
Whether you’re struggling to make payments, facing default, or feel like your servicer is misleading you, getting legal help early can make a significant difference.
Don’t Fight This Battle Alone—Talk to a Legal Advocate
If you’re facing student loan challenges—whether due to servicer misconduct, financial hardship, or uncertainty about your legal rights—it’s time to get help.
At Rogers Sevastianos & Bante, we can help you understand your legal options, challenge unfair treatment, and chart a path toward a more secure financial future.
Don’t wait for the problem to grow. Contact us today to schedule a consultation and take control of your student loan situation.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.