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Law School Loan Forgiveness and Repayment Options

Editor's Note: For the latest developments regarding federal student loan debt repayment, check out our student debt guide.

In June 2023, the Supreme Court announced its decision to reject the Biden-Harris Administration’s Student Debt Relief Program on the grounds that it required Congressional approval. Additionally, the debt ceiling bill officially ended the payment pause, requiring interest accrual to resume Sept. 1 and payments to resume Oct 1.

Fortunately, there are still some forgiveness and repayment options available to law school debt holders. Here’s what’s available.

Loan Repayment Assistance Programs

A Loan Repayment Assistance Program (LRAP) is one type of financial assistance provided to law school graduates in government and lower paying legal fields. LRAPs may be run by the state, state bar, federal government, or individual law schools.

In many cases, funds are provided via a forgivable loan that is canceled when the recipient’s service obligation is completed. These loans are structured in a way that they are not taxable income, unlike grants. If you receive loan repayment assistance, it’s important to find out if your funds are taxable. (Learn how to find your student loan tax form.)

An LRAP shouldn’t be confused with the repayment plan borrowers agree to when they first sign for their loans. Most people with federal student loans are on the Standard Repayment Plan, meaning they pay a fixed amount every month for up to 10 years.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

5 Law School Loan Forgiveness and Repayment Programs

Below are the five most widely used law school student loan forgiveness and repayment programs. If you’re already receiving one or more of these benefits, remember that you may have to reapply each year.

You may apply to as many law school debt forgiveness programs as you qualify for. In some cases, you may even accept more than one grant or loan at a time, but check the fine print on your program applications.

Recommended: Can Private Student Loans Be Forgiven?

Public Service Loan Forgiveness (PSLF)

Best for: Lawyers who plan to work for the government or in the nonprofit sector.

The Public Service Loan Forgiveness program may be the most well-known option in terms of loan forgiveness for lawyers. The premise is simple: If you work in a qualifying public service field, then the remainder of your direct student loans can be forgiven after you make 120 consecutive qualifying monthly payments over 10 years. However, many people attempting to meet those requirements can find the process confusing and difficult.

The first step to qualifying for public service loan forgiveness is filling out the employment certification form.

In order to earn loan forgiveness, you must work for a qualifying government organization or tax-exempt non-profit organization, and you must be enrolled in a qualifying repayment plan — generally a federal income-driven repayment plan.

The next step is to make your monthly loan payments promptly. If you meet all those requirements and payments, then at the end of 10 years, the remainder of your debt could be forgiven.

Obviously, if you put all that time and money in and then it doesn’t pay off, it could cost you. Since the original Public Service Loan Forgiveness program went into effect in 2007, the first students eligible were set to have their loans discharged in October 2017.

However, the PSLF program was overhauled in Oct. 2021, and since then, $42 billion was approved for more than 615,000 borrowers. Additionally, borrowers who are still awaiting approval can now track their application’s status under the My Activity section of their StudentAid.gov account. This recently implemented feature can allow borrowers to see if their employers digitally signed their PSLF form and view when it was actually processed

Income-driven Repayment Plans (IDR)

Best for: Lawyers with low incomes.

An income-driven repayment plan sets your monthly student loan payment based on your income and family size. Most federal student loans are eligible for at least one income-driven repayment plan. If your income is low enough, your payment could be $0 per month. There are four income-driven repayment plans:

•   Saving on a Valuable Education (SAVE Plan)

•   Pay As You Earn Repayment Plan (PAYE Plan)

•   Income-Based Repayment Plan (IBR Plan)

•   Income-Contingent Repayment Plan (ICR Plan)

The Federal Student Aid website breaks down the eligibility for each program. If you have Parent PLUS loans, you must consolidate your loans to become eligible for an IDR plan.

Recommended: How To Avoid Student Loan Forgiveness Scams

State Loan Repayment Assistance Programs

Best for: Lawyers who qualify for their state’s program.

Most states have LRAPs providing a type of law school loan forgiveness if you work in that state — often in the public sector, for a qualifying nonprofit, or in underserved communities. Repayment assistance varies, so check the guidelines for your state. For instance, the District of Columbia offers one-year interest-free forgivable loans up to $12,000; in New York, forgivable loans of up to $10,000 per year are available for a maximum of three years or $30,000.

Law School-Based Loan Repayment Assistance Programs

Best for: Lawyers with low incomes or those who work in high-need areas.

Many schools offer their own LRAPs for lawyers. Applicants for the 2023 funding cycle must have had at least $75,000 in eligible law school loans and a maximum income of $62,500 in most states.

The specifics of the loan repayment assistance programs vary from school to school, so you’ll have to check with your law school’s financial aid office. Here is a comprehensive list of law schools with LRAPs.

Up to $5,600 each is awarded to each of around 125 attorneys annually through an application process that opens in August.

Department of Justice Attorney Student Loan Repayment Program

Best for: Lawyers who work for the Department of Justice.

The Department of Justice Attorney Student Loan Repayment program is a type of law school loan forgiveness aimed at encouraging newly minted attorneys to work for the Department of Justice. Applications for the program open in the spring (typically on March 1).

In return, you can receive up to $6,000 per year (for a maximum of $60,000 total) paid toward your student loans. It’s not exactly law school loan forgiveness, but it is law school loan repayment.

The fine print: You must commit to three years of full-time employment for the Department of Justice, and if you don’t fulfill your commitment then you could be on the hook for any loan payments made on your behalf. You must have at least $10,000 in eligible student loans, which includes Stafford Loans, PLUS loans, Perkins Loans, and a few other types of student loans. (All criteria information is available on the Department of Justice’s program website.)

Payments are made directly to the loan servicer and all loan repayments made by the Department of Justice ASLRP are considered taxable income. It’s also a highly competitive program, but if you’re looking at a career working for the DOJ, then it could be a great way to get your start and wipe out some debt.

The Takeaway

Law school loan forgiveness sounds great, but it can cost you money in the long run if you end up paying higher interest rates or don’t pursue the career you want in the hope of securing loan forgiveness. Consolidating federal student loans is an option, but it can be complicated. Through the Direct Loan Consolidation program, your new interest rate is the weighted average of your existing loans’ rates.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.


SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.


SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.


Non affiliation: SoFi isn’t affiliated with any of the companies highlighted in this article.

Third-Party Brand Mentions: No brands, products, or companies mentioned are affiliated with SoFi, nor do they endorse or sponsor this article. Third-party trademarks referenced herein are property of their respective owners.

External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

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Should I Use the Standard 10-Year Repayment Plan?

Editor's Note: For the latest developments regarding federal student loan debt repayment, check out our student debt guide.

When it comes time to repay your federal student loans, you have to decide what kind of payment plan you want to be on. All borrowers qualify for the Standard Repayment Plan, which ensures you pay off your loan within 10 years.

But that’s not the only option available, and it might not be the best choice for your financial needs.

By learning more about the Standard Repayment Plan, you can decide if it’s the right choice for you or you want to go a different route.

What Is the Standard Repayment Plan for Student Loans?

Upon graduation from college or if you drop below half-time enrollment, you have a six-month grace period for a Direct Loan program loan (nine months for a federal Perkins Loan) when you don’t have to make payments.

Once that ends, you’ll begin the Standard Repayment Plan, the default for all federal student loan borrowers once they have left school. That’s unless you choose a different plan – perhaps one where you make lower monthly payments, extend your repayment period, or both.

Let’s start by looking at the standard plan, which sets your monthly payments at a certain amount so that you will have your loans paid off within 10 years.

Recommended: Getting to Know Your Student Loan Repayment Options

Standard Repayment Plan Eligibility

Unlike some other federal student loan repayment plans, all borrowers are eligible for the standard plan.

Loans That Are Eligible

Federal Family Education Loan (FFEL) Program loans and Direct Loans qualify for the Standard Repayment Plan. They include:

•   Direct Subsidized and Unsubsidized Loans

•   Direct PLUS Loans

•   Direct Consolidation Loans

•   FFEL consolidation loans

•   FFEL PLUS loans

Keep in mind that you will only be able to use the Standard Repayment Plan if you have federal student loans, not private student loans.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

How Does the Standard Repayment Plan Work?

With the Standard Repayment Plan, borrowers pay fixed monthly payments for up to 10 years. Because the plan offers a relatively short repayment period and monthly payments don’t change, you will save more money in interest than longer repayment plans.

For example, if you just graduated with the average student loan debt of $37,718 at 5.8% interest, you’ll pay $12,078.27 in total interest. Expanding to 25 years at the same rate will lower your monthly payment by almost half, but you’ll end up paying nearly $33,810.20 in total interest.

There’s a variation on the 10-year plan: the graduated repayment plan. Under this plan, repayments start low, and every two years, your payments increase. This is a good option for recent graduates who may have lower starting salaries but expect to see their pay increase substantially over 10 years.

Recommended: Student Loan Payment Calculator

Payments on the Standard Plan

What may make the Standard Repayment Plan less appealing to some borrowers is that payments will likely be higher than on any other federal repayment plan because of the short loan term.

For people with a large amount of student debt or high interest rates, the monthly payments can be daunting or unmanageable. You might face sticker shock when you receive your first bill after your grace period, so don’t let it come as a surprise.

To determine if the Standard Repayment Plan is a good option for you, you can use the federal Loan Simulator to calculate student loan payments. Or contact your loan servicer before your first payment is due to see how much you will owe each month.

Changing Your Repayment Schedule

If you want to change your repayment schedule or plan, call your loan servicer and see what they can do.

You’ll need to contact each loan servicer if you took out more than one loan and want to change repayment schedules.

You can change your federal student loan repayment plan at any time, free of charge.

What Are the Pros and Cons of the Standard Repayment Plan?

There are upsides and downsides to weigh when considering the Standard Repayment Plan.

Pros

You will pay off your loans in less time than you would with other types of federal repayment plans, which may allow you to set aside money for things like purchasing a home.

You’ll save money on interest, since you’re paying your loan back faster than you would on other federal plans.

The plan offers predictability. Payments are the same amount every month.

You don’t need to recertify your loan every year to prove your eligibility.

Cons

Your monthly payments will probably be higher than payments made under other student loan repayment plans with extended repayment periods.

Your monthly payments are based on the number of years it will take you to repay the loan, not on how much you can afford, as with income-based repayment plans.

With some federal income-driven repayment plans, like SAVE or PAYE, your remaining balance will be forgiven after you make a certain number of eligible payments over 20 to 25 years.

The Takeaway

The federal Standard Repayment Plan of 10 years could be right for you if you’re able to keep up with payments and you want to pay off your debt quickly.

Another option is to refinance your student loans to improve your interest rate and possibly change your loan term. Just realize that refinancing federal student loans into a private student loan means giving up federal benefits like income-driven repayment and loan forgiveness.

Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.


SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.


External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.

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How Refinancing Student Loans Can Affect Your Credit Score

How Refinancing Student Loans Can Affect Your Credit Score

If you can secure better terms for your student loan through refinancing, you can save money over the life of your loan. But does refinancing student loans hurt your credit score?

While refinancing may cause a small temporary dip in your credit score, your credit score will likely improve in the long term if it helps make your repayments more manageable.

Here’s what to know about how refinancing student loans may affect your credit and how to decide if student loan refinancing is the right choice for you.

Do Student Loan Refinance Lenders Look at Credit Scores?

Lenders look into factors including your credit score and payment history to determine if you qualify for student loan refinancing. As a reminder of what creditworthiness is: Your credit tells a story about your past borrowing habits and gives lenders insight into your likelihood of repaying the loan. If that story reflects positively on you, you’re considered “creditworthy” and more likely to qualify for better loan terms, such as a lower interest rate.

To provide you with pre-qualified refinancing rates, lenders usually run a soft credit check with the credit bureaus. A soft credit inquiry doesn’t typically impact your credit score. If you decide to move forward with a student loan refinance offer by submitting a formal application, a lender will conduct a hard credit inquiry, which will impact your score. This impact, however, is usually temporary and may be worth it if you’re able to secure better loan terms.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

Possible Positive Effects

There are short- and long-term positive effects of refinancing student loans when it comes to your credit score. Here are some of the times when refinancing student loans can be a good idea.

Short Term

If your original loan has a high interest rate or high monthly payment and it causes you to have late or missed payments, that can hurt your credit score. According to FICO, a popular credit scoring model used by lenders, 35% of your FICO score calculation is based on your payment history.

Recommended: Refinancing Student Loans Guide

Refinancing student loans can affect your credit in a positive way in the short term by making your monthly payments manageable. You may be able to lower your monthly payments if you qualify for a reduced interest rate. You can also choose to extend your repayment term during a refinance to lower your monthly payment, though this may mean you’ll pay more over the life of the loan.

Long Term

If you secure better loan terms that make it easier to repay your loans on time, you’ll make positive strides with your credit over time as you maintain a good payment history. Again, with 35% of your FICO score impacted by your repayment habits, this is a key benefit.

And if you qualify for a lower student loan interest rate, a student loan refinance can help you apply more of your cash flow toward your principal balance. In addition to saving more on interest charges for your total education debt, you’ll also repay your student loans faster. Aside from the mental relief you’ll get from a faster debt payoff, paying off your student loan accounts reduces the total outstanding amount you owe, which can impact up to 30% of your FICO score calculation.

Possible Negative Effects

So how does refinancing student loans hurt credit exactly? The negative effects on your credit score are typically minimal if you’re able to make on-time payments. Here’s what to know.

Short Term

Although your credit isn’t impacted by a soft credit check, a hard inquiry does affect your credit score. However, the impact is usually a five-point reduction or less and a hard inquiry from a student loan refinance only hurts your score for a few months, according to credit bureau Experian. After the inquiry drops off of your credit report, it’s no longer factored into your credit score calculation.

Long Term

A student loan refinance can negatively impact your credit score long-term if you find that you’re still unable to make full, on-time monthly payments. If for any reason your loan goes into default, it will adversely affect your credit score.

Recommended: Can You Remove Student Loans from Your Credit Report?

Can You Prevent Any Negative Effects?

The negative impact of refinancing student loans is small, but there are still strategies to minimize their effect:

•   Keep applications within a 14- to 45-day window. When multiple credit inquiries of a similar type are conducted within a close time frame of each other, some credit scoring models count them at only one inquiry.

•   Keep paying your loans while in the refinancing process. Don’t stop making payments to your original loan servicer or lender until your refinancing lender gives you the all-clear. Prematurely stopping your loan payments can negatively impact your credit, even if you’re in the middle of refinancing.

•   Stay on top of your student loan refinance payments. Maintain positive payment activity on your loan to avoid adversely affecting your credit score down the line.

Recommended: Pros and Cons of Student Loan Refinancing

When Can Refinancing Student Loans Be a Bad Idea?

If you don’t have a strong credit history, it might be challenging to get approved for a competitive refinance student loan rate and terms. Consider building your credit before applying or finding a cosigner with strong credit.

Refinancing also is not a good idea if you’re planning to take advantage of federal student loan programs or benefits, such as deferment, forbearance, student loan forgiveness, or income-driven repayment plans. You will no longer have access to these federal programs if you refinance your loan with a private lender.


💡 Quick Tip: When refinancing a student loan, you may shorten or extend the loan term. Shortening your loan term may result in higher monthly payments but significantly less total interest paid. A longer loan term typically results in lower monthly payments but more total interest paid.

Alternatives to Student Loan Refinancing

Student loan refinancing isn’t the only student loan repayment approach available. Alternative options provided by federal and state programs offer various ways to get relief from your education debt.

Loan Forgiveness Programs

Federal student loan borrowers have access to various student loan forgiveness programs that cancel a portion of your student loan debt. Popular programs that can reduce your student loan burden without impacting your credit include:

•   Public Service Loan Forgiveness (PSLF). Borrowers who participate in PSLF must work full-time at the government level (federal, state, local, or tribal) or nonprofit. During this time, you must also enroll in an income-driven repayment plan and make 120 qualifying payments. Afterward, your remaining eligible federal loan debt is forgiven.

•   Income-driven repayment (IDR) plans. If you want to lower your monthly payments – and potentially get some of your loan balance forgiven – consider opting into one of the four income-driven repayment plans— Pay As You Earn (PAYE), Saving on a Valuable Education (SAVE), Income-Based Repayment (IBR), and Income-Contingent Repayment (ICR). After making 20 or 25 years of payments on an IDR plan, the remainder of your eligible debt is forgiven.

Each program has specific requirements that you’ll need to fulfill before receiving loan forgiveness so be sure to review.

Loan Repayment Assistance Programs

Loan Repayment Assistance Programs (LRAPs) are provided through federal and state-sponsored programs, and sometimes through a private employer as an incentive. Qualified loans vary between programs, but some allow commercial loans (i.e. private student loans) and federal student loans.

Typically, a service commitment to work at an approved facility in an underserved area is required to be eligible for loan repayment assistance. After your service contract ends, you’ll receive a certain amount of repayment assistance toward your student loan debt if you meet all of the program’s criteria.

Direct Consolidation Loan

A Direct Consolidation Loan is only available for eligible federal loans; private student loans can’t be consolidated into a federal loan. If you have a hard time keeping track of multiple federal student loans, their due dates, and payment amounts, a consolidation loan simplifies your repayment.

It combines multiple loans into one new consolidation loan. The loan will be at a new interest rate which is the weighted average of the interest on all loans involved in the consolidation. There are many pros and cons involved with a Direct Consolidation Loan so tread carefully before taking this step.

SoFi Student Loan Refinancing Rates

Refinancing student loans can help you save money over the life of the loan if you can secure a lower interest rate or more favorable terms. While the hard credit inquiry required by a loan application may temporarily lower your credit score, the long term benefits may be worth it if you’re able to save money and make your monthly payments more manageable.

It’s important to understand, however, that if you refinance federal student loans, you’ll lose access to valuable federal benefits and protections — so you should only refinance if you’re not planning to take advantage of any of these programs.

If you think a student loan refinance may make sense for your situation, you can check how much you might be able to save using a student loan refinancing calculator tool.

A SoFi student loan refinance can help you reduce your total educational costs and offers competitive terms at low fixed or variable rates.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.


Photo credit: iStock/ferrantraite

SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.


SoFi Loan Products
SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.


Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Checking Your Rates: To check the rates and terms you may qualify for, SoFi conducts a soft credit pull that will not affect your credit score. However, if you choose a product and continue your application, we will request your full credit report from one or more consumer reporting agencies, which is considered a hard credit pull and may affect your credit.

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Can Student Loans Be Discharged?

Editor's Note: For the latest developments regarding federal student loan debt repayment, check out our student debt guide.

Student loans can be discharged in certain circumstances. When federal student loans are discharged, your requirement to pay back some or the entire remaining amount of your debt due is eliminated. However, this usually only happens in unique life situations, such as school closure, permanent disability, or death. However, because of a new student loans bankruptcy process, it may be possible to discharge student loans in bankruptcy.

Ahead, we explain who may qualify for student loan discharge, and other options for managing student loan debt.

When You Can Discharge Student Loans

Interested in discharging your student loans? Wondering when can student loans be discharged during bankruptcy? Here are details about some of the circumstances under which you may qualify for student loan discharge.

Total and Permanent Disability Discharge

To qualify for a federal student loan discharge due to disability, you must have a “total and permanent” disability that can be verified by the U.S. Department of Veterans Affairs, the Social Security Administration, or a qualified doctor. You also must complete a discharge application available at studentaid.gov, which includes documentation showing you meet the government’s requirements for being considered disabled.

Veterans may be eligible for student loan discharge if they can provide paperwork from the VA demonstrating they either have a disability that is 100% disabling due to their service, or are totally disabled due to an individual unemployability rating.

For those borrowers who are eligible for Social Security Disability Insurance or Supplemental Security Income, you may also qualify for loan discharge by providing documentation of your Social Security award.

Not all private student lenders give you the option to discharge your loans if you’re permanently disabled. While you might be able to file an application to discharge your federal student loans because of disability, with private loans, you may have to consider legal action. You should speak to an attorney to determine if that’s the right course of action.


💡 Quick Tip: Get flexible terms and competitive rates when you refinance your student loan with SoFi.

Student Loan Discharge Due to Death

Federal student loan discharge may also be granted if the borrower dies. Parents who have taken out Parent PLUS loans on behalf of a student may also have these loans forgiven if the student dies.

Proof of death, such as an original death certificate or certified copy, must be submitted in order for the loans to be canceled.

Declaring Bankruptcy and Discharging Student Loans

Can student loans be discharged during bankruptcy? And does bankruptcy clear student loans? The answer is yes to both questions, but the process can be lengthy and somewhat complicated.

Until late 2022, it was challenging and rare for federal student loans to be discharged through bankruptcy. But a new process unveiled by the Justice Department in November 2022, makes it easier. Those filing for bankruptcy must fill out what’s called an attestation form to verify that they fit the definition of “undue hardship.” Their request is then evaluated by the bankruptcy judge under new standards, and their debt may be fully or partially forgiven.

Borrowers must pass a three-part test to prove they qualify for “undue hardship” and should have their federal loans discharged:

1.    Is the borrower able to maintain a minimal standard of living while paying their student loans?

2.    Have they made a good faith effort to repay the loans?

3.    Will they continue to struggle to make payments during the remaining term of their loan?

It’s important to understand that filing for bankruptcy can have serious consequences. For instance, bankruptcy will impact your credit for years. It’s best to consult with a qualified professional, such as an attorney specializing in bankruptcy law, before making any decisions.

Closed School Discharge of Loans

If your school closes, you may be eligible for a 100% discharge of certain loan types, including Direct Loans, FFEL, and Federal Perkins loans. However, for this to apply, you must meet one of the following criteria:

•   You must have been enrolled at the time the school closed

•   You must have been on an approved leave when the school closed

•   Your school closed within 120 days after you withdrew if your loans were first disbursed before July 1, 2020 (180 days if your loans were first disbursed on or after July 1, 2020)

Only federal student loans can be discharged due to school closure and other circumstances. For private loans, you must contact your lender directly to see if you will qualify with them.

Loan Discharge Because You Were Misled By Your College

If you have federal loans, and you feel your school “misled” you — for instance, by promising you’d get certain jobs or certain salaries — you may qualify to apply for Borrower Defense Discharge through the Department of Education. The Biden administration has approved $14.7 billion in relief for 1.1 million borrowers who claim their colleges made such claims, or whose schools closed abruptly, as of July 2023. Note that this program has been challenged in court, and in August 2023, a federal court issued an injunction against the program. That’s delayed payments, but borrowers can still submit an application.

The application process is lengthy and submitting an application does not guarantee that your loans will be canceled.

False Certification Discharge

In very rare circumstances, you may be eligible for a discharge if loans were issued but they should not have been given out to you in the first place. For instance, this may apply if:

•   Your school falsely certified that you had a high school diploma or GED

•   You had a disqualifying status, such as a physical or mental condition, criminal record or other circumstance, at the time of the school certified your eligibility

•   Someone else or your school signed your name on the loan application or promissory note

In all of the above circumstances, your loans might be discharged.

Unpaid Refund Discharge

If you leave school after getting a loan, your school may also be required to return part of your loan money. You may be eligible for a partial discharge if you withdraw from school, and the college did not return the portion it was required to under the law.

In this case, only the amount of the unpaid refund would be discharged.

Alternatives to Discharging Student Loans

Since qualifying for a student loan discharge is only permitted under certain circumstances, it’s important to look at other options for federal loans. Here are some of the other choices you may have to help you pay off your student loan debt:

Forbearance: Forbearance temporarily allows you to stop making your federal student loan payments or reduce the amount you have to pay. You may qualify if you are unable to make monthly loan payments because of financial difficulties, medical expenses, or changes in employment. Usually interest will still accrue while your loan is in forbearance.

Deferment: You may be able to defer your loans in certain circumstances, such as going back to school. Depending on your loan type, your loans may still accrue interest while in deferment. However, if you qualify for deferment on federal subsidized loans, you generally will not be charged interest during deferment.

Income-based repayment: With income-driven repayment, you may be able to reduce your monthly student loan payments if you can’t afford your monthly payments on a Standard Loan Repayment plan. With an IDR plan, you’ll make monthly payments of 10% to 20% of your monthly discretionary income, and then after 20 or 25 years of on-time payments your remaining balance will be forgiven.

Cancellation: If you have a federal Perkins Loan, you may qualify for up to 100% cancellation if you served full-time in a public or nonprofit elementary or secondary school system as a teacher serving low income students or students with disability or teach in a certain field. In addition to teachers, the following jobs may qualify you for partial or whole Perkins Loan cancellation: early childhood education provider, employee at a child or family services agency, faculty member at a tribal college or university, firefighter, law enforcement officer, librarian with master’s degree at Title I school, military service, nurse or medical technician, professional provider of early intervention (disability) services, public defender, speech pathologist with master’s degree at Title I school, volunteer service (Americorps Vista or Peace Corps).

Forgiveness: For borrowers working certain qualifying public service jobs, student loan forgiveness may be an option. With this option, your remaining student loan balance will be forgiven after you make 120 qualifying monthly payments while working full-time for a qualifying employer, which can include government organizations and certain not-for-profit organizations.

When to Refinance Your Student Loan Debt

Unlike student loan forbearance or deferment, which are temporary, short-term solutions, student loan refinancing can be a long-term debt solution. If you don’t qualify for the options mentioned above, refinancing can help simplify your repayment process since all of your loans can be taken care of with one monthly payment. If you refinance with a private lender, you can also change the term length on your student loans.

Should you refinance your student loans? You’ll need to weigh the pros and cons. One very important consideration is that if you refinance your federal student loans with a private lender, you will forfeit your eligibility for federal loan benefits, including student loan forgiveness or deferment.

Recommended: Student Loan Refinancing Guide

The Takeaway

As you can see, it is possible to discharge student loans, but only in unique life circumstances, such as disability or false certification. If you do qualify, you may not have to pay some or all of your student loans, though you may have to pay taxes on the discharged balance.

If you don’t qualify for student loan discharge or one of the alternatives programs, refinancing your student loans with a private lender like SoFi can help get you a potentially lower interest rate, or a lower monthly payment if you extend your loan term. (You may pay more interest over the life of the loan if you refinance with an extended term.) Using a student loan refinance calculator can show you how much you might save. Plus, with SoFi, there are no fees, and you find out if you prequalify in two minutes.

With SoFi, refinancing is fast, easy, and all online. We offer competitive fixed and variable rates.


SoFi Student Loan Refinance
SoFi Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891. (www.nmlsconsumeraccess.org). SoFi Student Loan Refinance Loans are private loans and do not have the same repayment options that the federal loan program offers, or may become available, such as Public Service Loan Forgiveness, Income-Based Repayment, Income-Contingent Repayment, PAYE or SAVE. Additional terms and conditions apply. Lowest rates reserved for the most creditworthy borrowers. For additional product-specific legal and licensing information, see SoFi.com/legal.


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SoFi loans are originated by SoFi Bank, N.A., NMLS #696891 (Member FDIC). For additional product-specific legal and licensing information, see SoFi.com/legal. Equal Housing Lender.


Third-Party Brand Mentions: No brands, products, or companies mentioned are affiliated with SoFi, nor do they endorse or sponsor this article. Third-party trademarks referenced herein are property of their respective owners.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

This article is not intended to be legal advice. Please consult an attorney for advice.

External Websites: The information and analysis provided through hyperlinks to third-party websites, while believed to be accurate, cannot be guaranteed by SoFi. Links are provided for informational purposes and should not be viewed as an endorsement.

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A Guide To Derivatives Trading

A Guide To Derivatives Trading

“Derivative” is an umbrella term that refers to any kind of financial security that derives its value from another asset. A derivative exists as a contract between two parties, and its value fluctuates in direct relation to its underlying asset. Some of the most commonly used assets that derivative contracts focus on include commodities, stocks, bonds, and currencies.

Futures and options contracts are examples of widely known derivatives. Credit-default swaps (CDS) are a lesser used, and riskier, form of derivatives, since they’re traded off of exchanges and the contract parties in that case do not own the underlying asset.

What Is a Trading Derivative?

A trading derivative is any contract that derives its value from an underlying asset. The nature of the relationship between the derivative and the underlying asset varies depending on the type of derivative.

Investors engage in trading derivatives for three main reasons:

•   to hedge a position

•   to gain leverage on a position

•   to speculate on the future price of an asset

They’re a common tool for institutional investors, and also often used as a day trading strategy.


💡 Quick Tip: Look for an online brokerage with low trading commissions as well as no account minimum. Higher fees can cut into investment returns over time.

Types of Derivatives

Here are a few examples of different kinds of derivatives and how they work.

Options

An option gives the owner the right (but not the obligation) to buy or sell an asset at a certain price in a specific timeframe. Savvy investors can use options to make a profit regardless of whether the market is going up or down.

The two most basic types of options are call options and put options. Call options give the owner the option to buy an asset at a specific price over a set time frame, while put options give the owner the right to sell an asset at a specific price over a set time frame.

The two main aspects of a put or call option are the strike price and the expiry date. The strike price is the price at which the owner intends to buy or sell the security, and the expiry date is the date by which the option must either expire or be exercised. Employee stock options are one type of derivative, in which the employees can (but do not have to) purchase shares of their company in the future at a price set today.

There are also many complex options trading strategies that include multiple “legs,” or multiple options contracts on the same underlying security. Some investors use “naked options,” which are a riskier form of option, in which the trader does not own the underlying security or have cash set aside to meet the obligation at expiration.

Futures Contracts

Often referred to simply as “futures,” futures contracts represent an obligation between a buyer and seller to exchange an asset for a fixed price on a selected date. Most futures trades take place on large exchanges and involve commodities such as oil, soybeans, or copper.

Farmers have used futures since the 1850s to reduce investment risk over future price fluctuations for their crops. Today, futures exist for many commodities and financial markets. These derivatives are mostly used as a form of speculation, where traders seek to make a quick profit.

Futures are sold on stock exchanges and have a standard form regulated by the U.S. Commodity Futures Trading Commission (CFTC).

Forward Contracts

Forward contracts are similar to futures contracts. But unlike futures, forward contracts are customized between the two parties entering into an agreement, as opposed to being standardized by regulators. Forwards are over-the-counter (OTC) derivatives and are not traded on exchanges. This market is private and unregulated.

Is Derivative Trading Profitable?

Derivatives tend to have high investment risk, but also offer high potential rewards. Large profits can be made quickly, but bets can go bad just as easily.

Depending on how they’re used, derivatives can range from simple speculation to being an integral part of an advanced, sophisticated strategy that incorporates many different types of investments.

Derivatives trading is especially risky for new investors who might not understand the bets they are making. Derivatives contracts involve many more variables than simply buying shares of a stock, and placing trades on an exchange can be confusing.


💡 Quick Tip: Newbie investors may be tempted to buy into the market based on recent news headlines or other types of hype. That’s rarely a good idea. Making good choices shouldn’t stem from strong emotions, but a solid investment strategy.

What Is a Derivative Trading Example?

Imagine an investor has their eye on a particular stock that they think will rise in price soon. One way to profit would be to buy shares. Another way would be to buy a derivative, such as a call option.

Our imaginary investor decides to buy a call option contract on ABC company. The strike price could be ten dollars higher than the current price, while the expiry date could be three months from now.

This could create a profit for the investor in two possible ways. The stock price could rise above the strike price of the call option, at which point the investor can sell the contract for more than it was purchased for.

Or, the investor can wait for the expiry date to come, at which point she will receive shares of the underlying stock at a price lower than their current market value.

How Are Derivatives Valued?

On the most basic level, the market values derivatives according to simple supply-and-demand dynamics as well as variables specific to the option itself, i.e. strike price and expiration date.

An options contract, for example, might be worth whatever people are willing to pay for it. This can change quickly and sometimes dramatically based on market conditions and news. Investors consider an option “out of the money” if its strike price is lower than the market price of the underlying asset.

On a more advanced level, investors can determine what the actual value of a derivative should be, as opposed to its current market value at any given moment.

One method for valuing derivatives is the Black Scholes model, a mathematical formula for determining market value for European call options. This formula takes into account several variables such as the implied volatility of an option, time left until expiration, and the present value of the option.

How Can Derivatives Be Used to Earn Income?

Investors use a variety of derivatives trading strategies. One common approach is a cash-secured put.

This derivatives trading strategy involves selling an out-of-the-money put option while also putting aside the money necessary to buy the underlying stock if it falls to the option’s strike price. The goal is typically to acquire shares of the stock at a price lower than it is trading at today, but investors also earn income in the form of a premium.

A premium is the price an investor pays for acquiring an options contract. Premiums are determined by the relationship between the underlying stock price and the strike price of the option, the length of time until the option expires, and how much the price of the stock fluctuates.

A premium of $0.20 per option contract, for example, would amount to $20 per contract, if one options contract represents 100 shares ($0.20 x 100 = $20).

So, if an investor were to place a cash-secured put with a strike price of $40 for a stock that currently trades at $50, they would need to set aside $4,000 and sell (or “write”) the associated put option.

Recommended: Guide to Writing Put Options

Then, if the price falls to $40 before the expiration time, the investor would buy shares at that price and keep the premium. Or, if the price doesn’t fall to the $40 level, the option will expire, worthless, and the investor will also keep the premium.

The Takeaway

Derivatives trading strategies provide a more advanced way to trade and speculate in the markets, earn income, or hedge a portfolio. Derivatives trading is more complex than simply buying and selling securities, comes with greater risk, and can potentially earn greater rewards. It’s common in certain sectors, such as precious metals or currency trading.

Given their complexities, derivatives may not be the best focus for beginner investors. They are complicated and risky, and it’s easy to find yourself in over your head. It may be a good idea to talk to a financial professional if you do want to explore your options, however.

Ready to invest in your goals? It’s easy to get started when you open an investment account with SoFi Invest. You can invest in stocks, exchange-traded funds (ETFs), mutual funds, alternative funds, and more. SoFi doesn’t charge commissions, but other fees apply (full fee disclosure here).

For a limited time, opening and funding an Active Invest account gives you the opportunity to get up to $1,000 in the stock of your choice.


Photo credit: iStock/solidcolours

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1) Automated Investing and advisory services are provided by SoFi Wealth LLC, an SEC-registered investment adviser (“SoFi Wealth“). Brokerage services are provided to SoFi Wealth LLC by SoFi Securities LLC.
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For additional disclosures related to the SoFi Invest platforms described above please visit SoFi.com/legal.
Neither the Investment Advisor Representatives of SoFi Wealth, nor the Registered Representatives of SoFi Securities are compensated for the sale of any product or service sold through any SoFi Invest platform.

Financial Tips & Strategies: The tips provided on this website are of a general nature and do not take into account your specific objectives, financial situation, and needs. You should always consider their appropriateness given your own circumstances.

Options involve risks, including substantial risk of loss and the possibility an investor may lose the entire amount invested in a short period of time. Before an investor begins trading options they should familiarize themselves with the Characteristics and Risks of Standardized Options . Tax considerations with options transactions are unique, investors should consult with their tax advisor to understand the impact to their taxes.
Claw Promotion: Customer must fund their Active Invest account with at least $25 within 30 days of opening the account. Probability of customer receiving $1,000 is 0.028%. See full terms and conditions.

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