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Author Archives: Michael J. Berger

KeyBank Update

Of the 3 major lenders that made tuition loans to students to attend Silver State Helicopters Flight Schools, KeyBank has been the most difficult to deal with. On the plus side, I have settled some claims for individual former SSH students with low flight hours at a large discount and none of my KeyBank loan […]

2011 1099-C Cancellation of Debt Forms Sent By American Education Services to Former Student Loan Xpress Borrowers Who Attended Silver State Helicopters Flight Schools

American Education Services (“AES”), the loan servicing agent for Student Loan Xpress, has sent out 1099-C Cancellation of Debt forms to many of my clients who obtained loans from Student Loan Xpress to attend Silver State Helicopters flight schools. Here is information that can help you deal with this 1099-C issue, and perhaps avoid liability […]

No Money Down Chapter 13

Today I decided to become the first and only certified specialist bankruptcy lawyer in Los Angeles County to offer a no money down Chapter 13 plan for qualified wage earners. Up until today, I typically charged my Chapter 13 clients $2,000.00 down. Now, with my new no money down plan, any regular wage earner in […]

SSH Student Update

Students with loans with Student Loan Express I have been receiving many phones calls, emails and letters inquiring about the letters that former SSH students that have Student Loan Xpress loans been receiving from AES regarding final settlement. These letters are confusing because they contradict prior letters from AES. The operative letter is the letter […]

What Is New for Former Students of Silver State Helicopters?

Our office received numerous phone calls and e-mails regarding an “Order Scheduling Settlement Conference” for May 10, 2011 in the Silver State Helicopters, LLC bankruptcy case that was mailed out by the Court to creditors. This Order does not apply to former SSH students and it does not affect them. It relates to a dispute […]

Comments on the Dischargeability of Student Loans in Bankruptcy

1. OverviewThe Bankruptcy Code provides that student loans are not discharged in any bankruptcy proceeding unless “excepting such debt from discharge would impose an undue hardship on the debtor.” Section 523(a)(8). The test – undue hardship – is very difficult to meet. It is the debtor’s burden to prove the undue hardship at trial. Undue […]

Kilgore v. KeyBank Appeal Briefing Complete

All of the briefing is complete in the 9th Circuit Court of Appeals in the California proposed class action case on behalf of California residents who attended Silver State Helicopters, obtained student loans from KeyBank to do so, and were still enrolled at SSH at the time that it filed bankruptcy. KeyBank has cited the […]

Student Loan Xpress Proposed Class Action Settlement Approved

Judge Merryday has issued his order granting final approval of the proposed class action settlement agreement for students that attended Silver State Helicopters School (“SSH”) and obtained student loans from Student Loan Xpress (“SLX”) and were still enrolled at SSH at the time that SSH filed bankruptcy. Judge Merryday has not yet entered a final […]

No Difference

Many of my clients with loans from Student Loan Xpress recently received a recently informing them that the loan servicer on their loan has been changed from Xpress Loan Servicing (XLS) to American Education Services (AES). This change does not make any meaningful difference to any of my clients. It does not change the owner […]

Settling with Jerry Airola and Thomas Pickett

James F. Lisowski, Sr., the Chapter 7 Trustee in the Silver State Helicopters, LLC Bankruptcy Case, wants to settle with Jerry Airola and Thomas Pickett and 2 of their companies. Jerry Airola was the founder and CEO of Silver State Helicopters, LLC (“SSH”). Thomas Pickett was the Chief Financial Officer of SSH. On November 3, […]

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