Frequently Asked Questions

D.J. Rausa

D.J. Rausa

With over 21 years of experience as a consumer bankruptcy attorney, D.J. Rausa stays on the cutting edge of Bankruptcy and Student Loan Law which enables him to provide vital information to his clients.

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Economic relief through bankruptcy will help with the student loan crisis.

San Diego, CA, January 28, 2015 – Representative John K. Delaney (MD-6) has filed legislation in Congress spotlighting the omnipresent financial crisis with student loan debt. Unlike mortgage, credit card and auto loan debt, the current law does not allow for student loan debt to be discharged. The Discharge Student Loans in Bankruptcy Act (H.R. 449) would most likely render student loans dischargeable under bankruptcy.

Student loan debt is dragging down economic growth, keeping the American Dream out of reach for many and is a monthly strain for millions,” Congressman Delaney said in a recent statement. “While student loan debt is a complex problem that will require many solutions—increased support for grant programs, efforts to increase affordability, improved consumer education—we also need to reform our laws to help those with the absolute greatest need. Right now, there is effectively a huge student loan loophole in bankruptcy law that’s hurting real people."

As the cost of college tuition continues to rise, the student loan debt burden on students and their families also continues to rise. San Diego bankruptcy lawyer D.J. Rausa said, “Student loan debt affects not only recent graduates but also every age generation, even senior citizens.  This legislation would truly help people struggling with this issue.”

"Bankruptcy has long been an option of last resort for individuals facing an irresolvable level of debt; bankruptcy isn’t easy or enjoyable, but it’s a necessary part of our financial system," Delaney continued. "It doesn’t make sense for students with heavy debt burdens to be worse than someone with credit card, auto loan debt or mortgage debt. Every member of Congress from every state in the country has constituents who are struggling severely because of student loan debt. At the very least we should have some basic fairness in the law.”

About D.J. Rausa, Attorney at Law

San Diego Bankruptcy Attorney D.J. Rausa has over 21 years experience as a consumer bankruptcy lawyer and advocate. Throughout his career, he has helped thousands of consumers with the Student Loan Debt,delinquent tax debts, child and spousal support enforcement actions. As a consumer bankruptcy attorney, he specializes in both Chapter 7 Bankruptcy and Chapter 13 bankruptcy. He is also skilled in the areas of debt negotiations and reorganization, foreclosure defense, income tax resolution with the IRS and California State taxing authorities.  Attorney Rausa is an aggressive advocate for individuals and families consumed by debt after often caused by catastrophic medical bills, job loss, and the hardships of student loan debt.

The Law Offices of D.J. Rausa

1081 Camino Del Rio South #207

San Diego, CA  92108

(619) 295-3322

www.debtdoc.com


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Student Loan Discharge

The U.S. Department of Education has a program that is available to those who have Federal Student Loans, but cannot pay them due to their total and permanent disability. This process is very detailed and there are very strict documentation requirements.
If you have been deemed totally disabled by the Social Security Administration and are receiving Social Security Disability benefits, then you are eligible to have your Federal Student Loans administratively discharged. In other words, you will be release of the obligation to pay these loans. Just recently, here at the Law Offices of D.J. Rausa, we were successful in obtaining a Total and Permanent Disability Discharge of $80,000.00 in Federal Student Loans.
Additionally, if you are a military veteran, and have been determined to be disabled by the Veterans Administration, your Federal Student Loans can be discharged under the Total and Permanent Disability Discharge process. We assist disabled military veterans with this process in order that they may recover and move forward without having the financial burden of any Federal Student Loans.
Many disabled people who have Federal Student Loans can be eligible for a Total and Permanent Disability Discharge of their loans if their doctor has made such a determination. Again, this process is very technical. Here at the Law Offices of D.J. Rausa, we can help.

GraduationToday, 71% of students graduating from 4 year colleges have student loan debt.  According to The Project on Student Debt, the average student loan debt for a college graduate is $29,400.  However, student loan debt is not only a problem for recent graduates.

In recent years, there has been a sharp increase in the number of older Americans who have student loan debt from financing their own education or the education of their children.  As of 2013, people over the age of 65 had $18.2 billion in outstanding student loan debt.

If you have student loans and are approaching retirement, it is important to know that your social security benefits can be garnished by 15% for defaulted federal loans.  In 2013, more than 155,000 social security recipients had their benefits garnished due to student loan debt, as discussed by US News & World Report.

If you have federal student loans in default, there are programs available to rehabilitate your loans, get them out of default, and into an affordable repayment plan.  Our office can help you figure out the best way to tackle your student loan debt and protect your future social security benefits.  Contact us to schedule a no-cost consultation to find out how we can assist you.

Read More about Student Loan Debt Relief | Teacher Student Loan

As Veteran of the United States Navy, I thought it appropriate to address the Discharge of Federal Student Loans if a Military Veteran is disabled because of a service related injury.

As we all know, in today’s economy student loans seem to haunt every generation. The most recent graduate, who finds their student loans are not due for the first time, recognizes this. The student loan borrower who has exhausted their very last deferment is feeling the pinch. Even those who are drawing Social Security or other Federal Benefit, may realize the catastrophic  economic impact of the offsetting of their benefits.

However, nothing is more injurious to our Disabled American Veterans who find themselves lost and confused because they have U.S. Veterans Benefits that are insufficient in addressing their living expenses and their Federal Student Loans.

The U.S. Department of Education has a Student Loan Discharge program for Disabled Veterans. If a Veteran is unemployable due to a service connected disability, as determined by the U.S. Department of Veterans Affairs, then the Veteran may be able to Discharge his or her obligation to repay their Federal Student Loans, without regard to balance owed or status of collections.

Additionally, there are two other extra benefits for the Disabled Veteran who qualifies. The first being that any and all amounts paid to the Federal Student Loans, are refunded to the Veteran and retroactively applied to the date of Disability Determination. The second, there is no requirement for any monitoring of the Disability. Both are extremely beneficial to the Disabled Veteran.

Call to Action: 

If you find yourself unable to address your student loans, and are drawing benefits under Social Security, Social Security Disability, State Disability, or any Disability Rating by the Veterans Administration, please contact my office for an evaluation of your financial situation.

These programs are available to Veterans and Retired Persons.

free-advice-btnAre you struggling under the weight of a student loan? You’re not alone.

Student loan debt cripples many student loan borrowers, including recent graduates. Many leave college with thousands of dollars in student loans. Even with a steady job, it can be difficult to meet student loan repayment obligations. Others struggle for years in an attempt to manage the student loan debt.

Attorney D.J. Rausa is committed to helping clients develop a payment plan they can manage. He can also determine if a student loan might cause the debtor "undue hardship." This can be used as an exception to the student loan repayment requirements.

In San Diego, attorney D.J. Rausa helps clients obtain relief from student loan debt. He has more than 20 years of experience. He is committed to making sure everyone has a chance to obtain student loan debt relief. Contact us for help addressing your student loan concerns.

Types of Student Loan Debt

Students may have received federal student loans or loans from private companies – many students use a combination of both to get through school.

Many students have also turned to parents, grandparents or others to either take out the loan or co-sign for it. Either way, this makes the parent a student loan borrower.

Federal Student Loans:

Because so many students have gotten in over their heads with excessive student loan debt, the federal government has developed a whole host of options available to address Federal Student Loans. These types of loans are subject to programs offered by the U.S. Department of Education.

To find out what Federal Student Loans you have, go to the National Student Loan Data System, www.nslds.ed.gov, to get your report. This report contains vital information in evaluating what the next step will be to address your Federal Student Loans. If a student loan is not on this report, chances are the loan is a private student loan.

Once this information is reviewed, Attorney D.J. Rausa will be able to determine what the best options are.

Private Student Loans:

Private Student Loans are NOT subject to any Federal Student Loan Program. Therefore, they have to be addressed in a completely different manner.

Options for Private Student Loans are very limited, however Attorney D.J. Rausa may be able to negotiate favorable terms of repayment. The factors widely vary from lender, servicer, and collection agency. Therefore the results also vary.

If favorable terms cannot be reached, then a Chapter 13 Bankruptcy is an option that can be exercised to force the Private Student Loan lenders to accept an affordable payment.

Bankruptcy and Student Loans

There is a common misperception that once you take out a student loan, you are obligated to pay it all back no matter what. This is not entirely true. While some student loan debt may not be discharged through bankruptcy, The Law Offices of D.J. Rausa may have ideas to help you reduce or discharge your debt.

However, it is important to note that the process of discharging student loan debt differs from the process of discharging other types of debt and will require a detailed analysis of the type of student loan as well as the history of the loans.

Student loan debts are not automatically discharged through Chapter 7 bankruptcy. The Chapter 13 bankruptcy process can be used to restructure your student loans into a more manageable monthly payment. Attorney Rausa offers comprehensive Chapter 13 bankruptcy solutions to help you set up a payment plan to pay down your debt, including your student loans.

Chapter 13 repayment plan can last for as long as five years. Attorney Rausa will develop a feasible plan for you in order that some percentage of all your debt is paid. During the pendency of your case, you will be protected from any and all collection activity; this includes the IRS and any student loan collection agencies or servicers.

Discharging Student Loans: Proving Undue Hardship

Sometimes student loans can be forgiven when the borrower is shown to have endured “undue hardship,” such as:

  • Disability preventing your ability to work
  • Fixed income with no possibility of a salary increase
  • Family issues preventing you from earning a living
  • Totality of your financial circumstances

Attorney Rausa is prepared to address all of your questions regarding undue hardship.

Find out more about these related topics:

Contact a San Diego Lawyer

Contact us by e-mail or call toll free at (619) 295-3322 to see if you qualify for the hardship exception, or if reorganizing your payment plan is a better option. A free initial consultation is available with an experienced San Diego student loan debt relief lawyer.

Free Initial Consultation * Available Evening and Weekend Appointments

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Perkins Student Loans

When does a student have to start payment on Perkins Student Loans?

If someone is attending university at least half-time, they have nine months after they graduate, leave school altogether, or drop below half-time status before they are required to start repayment. If you attend less than half-time during the semester, check with your college to learn about how long your grace period will be before you make payment on perkins student loans.

Contact us to learn more about Perkins Student Loans!

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Debt Consolidation Loans San Diego

We offer advice on debt consolidation loans San Diego. Consolidate Credit Card Debt

You many credit cards, bills, auto and house loans, but it would be a lot easier consolidating your credit card debt into one easy monthly payment. One could also pay down your credit card debt more quickly by consolidating all of your bills. Learn about debt consolidation san diego

Debt consolidation loans San Diego

First, you will need to figure out which credit card debt relief program fits best. Most of these will be able to give you one simple monthly payment, but they all have their different features. Learn more about debt consolidation loans san diego!

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Debt Consolidation Companies

Having lots of debt can really feel like you're going through your life with a cloud hanging over you. No matter what you are doing, stress and fatigue about your debt can stay in the back of your mind.

Finding reputable debt consolidation companies :: Let's say you see an ad for a debt consolidation companies that promise to help you pay down your debt quickly. "Really?" You might think. "I've tried to pay this off on my own for as long as I can remember, maybe obtaining outside help is what I need to help me finally knock this debt out of my life."

All of this is perfectly understandable, but you will have to keep in mind that there will nothing easy about it. If you are thinking about going to debt consolidation companies, then you will need to do your homework and find debt consolidation companies that are honest, or you might end up in a far worse situation than you could have ever imagined!

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Government Student Loans

If you apply for government student loans, you may be offered government student loans as part of your university's financial aid. A student loan is money you can borrow and must pay back with varying interest.

If you then decide to take out a government student loan, make sure you know who is making the loan and the terms and conditions of the loan. Government student loans can come from the federal government or from private lender sources like a bank or any financial institution. Loans given by the federal government, called federal government student loans, can usually offer borrowers lower interest rates and have flexibility in their payment options than loans from private banks or other private sources. Learn more about government student loans

Student Loan Consolidation Companies

Student loan consolidation companies allow you to consolidate or combine multiple federal loans into one loan. The result of using student loan consolidation companies is one single monthly payment instead of multiple payments.

  • Should I consolidate my student loan?
  • What types of student loans can be consolidated?
  • When can I consolidate my student loans?
  • What are the main requirements to consolidate a student loan?
  • What are the interest rates on a consolidation student loan?
  • When should I begin payment?
  • Are there multiple repayment plans?
  • How do I apply for a Direct Consolidation Student Loan?
  • Whom should I contact if I have some questions about student loan consolidation?

tagged: student loan consolidation companies

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Thank you DJ!

I had no idea where to start with my bankruptcy and process. After my first meeting with DJ I felt confident that things were going to go well. He helped guide me through the entire process and time. 

He's very professional and courteous, thorough and extremely knowledgeable. 

I would recommend anyone that needs a bankruptcy lawyer/ student loans. 

Don't have a second thought when choosing DJ Rausa!

stars
Posted by a client - February 15, 2016

AVVO Lawyer Rating is Superb!

Respected Legal Source

D.J. Rausa interviewed by the Wall Street Journal for article on Bankruptcy and Student Loan Debt.

D.J. Rausa is recognized as a legal expert in Student Loan Debt Resolution and the associated Bankruptcy Laws.

Read what D.J. recently told The Wall Street Journal regarding the probable rise in Student Loan Debt Resolution through Bankruptcy.

Client Testimonial

To whom it may concern,
Mr. Rausa is extremely knowledgeable with the complexities of Federal Student Loans.
I went from a thriving career to full medical disability, ending with an SSDI placement. Unfortunately, I lost everything and became unable to continue making the student loan payments, so it was in deferment for over five years. When the SSDI settled I tried to negotiate an affordable payment plan with the loan holders but they refused my efforts, instead demanding over twice the amount I could afford.
I contacted Mr. Rausa and found him to be courteous, responsive and quick to assess my situation. He was sure he could help and took time to answer all questions, which relieved much anxiety. Within months he successfully resolved the debt! With much confidence, I highly recommend Mr. Rausa.
Please contact me if you have any additional questions.
Sincerely,
 CJWaldenSignature
CJW
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