Student Loan Update

More complications from your politicians.

Check out the article written by Attorney Peter Francis Geraci at and others. This is an ongoing change, this article originally written 11/22/2022.

There are three branches of Government in the United States, according to the United States Constitution. The legislative branch charged with making the laws. The executive branch, which is the president, in his various departments such as the Department of Justice or the Department of Education, have no power to make any laws. So when the senator from MasterCard, now president Joseph Biden, says that student loans are discharged, courts, which are the third branch of government, rule on whether or not he is violating the U.S. Constitution by trying to legislate by Executive Order.

What does this mean to you if you have student loans? Student loans used to be dischargeable in bankruptcy. Bankruptcy is a federal law. Bankruptcy law was made by the United States Congress, voted on by the Senate and the house of representatives. When Joe Biden was a Sen., he represented the state of Delaware. He was commonly known as the senator from MasterCard, because that was where MasterCard at its headquarters, where it gave Joe Biden and other politicians a lot of money. Joe Biden and some other politicians like his friend Charles Grassley of Missouri, change the bankruptcy law so that student loans were no longer dischargeable in bankruptcy, except if there was a showing of “undue hardship”

“undue hardship” was almost impossible to prove in bankruptcy proceedings. The Justice Department represented the Department of Education and all government insured student loan cases trying to prove undue hardship, and they fought it to the extreme, and opposing terminal cancer patients discharge of student loans on the grounds that they might get better so what is Joe Biden trying to do now? He is ordered the Justice Department to be less aggressive, but still to examine a whole bunch of factors in determining if there is a student loan discharge possible.

The problem with this is that under the current bankruptcy law you not only have to file a bankruptcy case, but you have to prepare a lawsuit within the bankruptcy case called an adversary complaint, and in that adversary complaint you have to set out the factors that you think aloud discharge. When the new Justice Department guidelines are finalized, the Justice Department attorneys have now been ordered not to be so terrible and opposing discharges. But that does not mean that student loans will be dischargeable in bankruptcy to any great extent, because judges still have to rule on it and judges follow the law, not Justice Department guidelines.

If any of our fine politicians are worried about student loan discharge, what they should do is amend the bankruptcy law to permit discharge of student loans after period of time, based upon all the other bankruptcy factors, and either chapter 7 or 13. Sen. Elizabeth Warren and Sen. Richard Durbin propose such a bill two years ago and it is gone nowhere so stay tuned.

If your purpose in filing bankruptcy is to discharge her student loans, and they are not dischargeable in programs that already apply for on your own, it is still going to be an uphill battle.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 35,000 5-star reviews 5starsince November 2016!


Don’t Claw Your Way Out of Debt!

Bankruptcy relief for Middle Class Families is a Chapter 13 debt repayment plan. Or even a Geraci Law Chapter 7 for higher-income families. You don’t have to “claw your way out of debt.”

Read more from Attorney Peter Geraci at

Bankruptcy relief for Middle Class Families is a Chapter 13 debt repayment plan. Or even a Geraci Law Chapter 7 for higher-income families

You don’t have to “claw your way out of debt”

A Wall Street journal front page article on September 21, 2020 is titled “pandemic upends middle-class family finances”. The article profiles families making $75,000 to $175,000 a year”. Job losses wreak havoc on loan laden households, the headline continues; “I will never claw my way out”.

Sadly, the breadwinner of one of the families is a 43 year old lawyer in suburban New York who claims to have been making enough representing families in foreclosures, and personal injuries, to affor her $9,000 per month in debt payments.  She was doing “coverage” work for Manhattan firms who hired her on a 1099 to “cover” their local court appearances.  That work has dried up now that those firms are appearing telephonically. 

You don’t want a “coverage” attorney handling your financial problems, and certainly not your Chapter 7 or 13.  These attorneys will take on your representation, because right now, they are not going to refuse work because they are not familiar with bankruptcy.  They will take your case, but if you are making over $65,000 a year, you are better off with Geraci Law.

Clients ask Geraci Law to manage over $1 Billion in debt every year.  Many choose to file Chapter 13 debt repayment plans.  Fees in Chapter 13 cases are only $4500 for a 60 month Chapter 13.  that is only $75.00 a month!!  Only a law firm that does an awful lot of these cases can afford to represent you for $75 a month! Geraci Law has over 12,000 Chapter 7 and 13 cases open during the average year, so we are not struggling to handle only one case, or make an appearance before only 1 judge.

This upstate New York lawyer would charge you the same as Geraci Law.  Now you know that almost every lawyer in the country charges the same as Geraci Law.  So why pay the same, and not get the Name: Geraci Law is by far on of the largest consumer bankruptcy firms in the country, with 100 attorneys and paralegals to make sure you get the most for your money.

If you make over $65,000 a year, you may be able to file either Chapter 7 or Chapter 13.  Which you qualify for is a complicated analysis that Geraci Law can perform once you upload your paystubs to the Geraci Law Client Corner.  Even if you make $100,000 a year, Geraci Law may be able to file a Chapter 7, or a Chapter 13 plan to reduce your payments and take the pressure off.  In 60 months, you may be Debt Free.

So, when you Need to Be Debt Free, it’s 1-800-CALL-PFG (1-800-225-5734).  Either that, or “you’ll never claw your way out”  Get your free Experian Soft Pull and Credit Score, KBB vehicle value, and debt to income ratio right on the phone.  Or set up a Geraci Law Virtual Consultation or COVID compliant office visit.

IL Governor Suspends Service of Garnishment Summonses

Illinois Governor J.B. Pritzker suspends the service of wage deduction and garnishment summonses. What this means for you and why bankruptcy with Geraci Law might be a great option.

IL Governor Suspends Service of Garnishment Summonses

Governor J.B. Pritzker issued an executive order suspending the service of garnishment summonses, wage deduction summonses and citations to discover assets for consumers. This suspension is for the duration of the Gubernatorial Disaster Proclamation.

This means creditors in ILLINOIS cannot serve wage garnishment summons. It’s important to understand this is TEMPORARY. During COVID-19, the creditors are kept at bay. But creditors will be able to collect in the future. Plan for YOUR future. Consider your bankruptcy options now. Stop the creditor action before it even starts (or resumes).

Governor Pritzker has your back for now but when the suspension is lifted, these creditors WILL be back. Filing a Chapter 7 or a Chapter 13 will STOP the collections. Want to know your options? Geraci Law is open and filing bankruptcy cases. Give us a call to figure out a plan for your financial future.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 25,000 5-star reviews 5starsince November 2016!


Yo Adrienne! Peter Francis Geraci in Philly

PFG is in Philly! Below are some images from the trip to Pennsylvania.

It’s Not Always Sunny in Rittenhouse Square – Philadelphia


Coffee for Francis! – Philadelphia 


Make America Nothing Again – Philadelphia


Philadelphia Houses – Philadelphia


Why is bankruptcy like baseball?

Geraci law knows how you feel when you’re in debt. Studies have shown most folks who would rather talk about their toilet habits or sex life than how much money or debt they have. Does this sound like you? You are 60 years old and live with a lot of economic uncertainty. You and your husband fight about money, often regret the purchases you make, and save nothing for retirement? Worse yet you have little or no pension, and you’re worried about healthcare?Baseball

For sure, you don’t know anything about the law, and you know even less about bankruptcy law. Bankruptcy is the Great American Law. Bankruptcy and baseball both start with the letter B.

Bankruptcy is a lot older than baseball.  The first officially recorded baseball game in U.S. history took place on June 19, 1846, in Hoboken, New Jersey: the “New York Nine” defeated the Knickerbockers, 23–1, in four innings

So you probably know a lot more about baseball than you know about bankruptcy. Bankruptcy and baseball are both good things. Baseball allows you to forget your troubles for 9 innings, and root for your home team. Bankruptcy allows you to get out of debt and get a fresh start so you’re not paying off old debt with money you should be saving for your retirement.

To find out more about bankruptcy and how it can

  • get you out of debt,    FlipBook
  • repay debts with NO interest
  • keep your pension, house, SUV and savings
  • allow you to save money,
  • protect your tax refund,

and more importantly, give you a sense of peace and financial freedom, dial 1 800 Call-PFG (800-225-5734), or visit You can even read our new flipbook the complete book on bankruptcy by Peter Francis Geraci!

Make an online appointment 24-7 or get a free phone mini-consultation 7 a.m. to 7 p.m.


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