Home » ABI Journal » Living in Borrowed Times: The Changing Context of Student Loan Discharge

× Share this Presentation

Facebook
Twitter
Work Email
LinkedIn

Is Your Name WiFi? 'Cause We Really Feel a Connection! Tell Us a Little More About You.

Work Email

First Name

Last Name

Thank you!

Error - something went wrong!

No thanks

Living in Borrowed Times: The Changing Context of Student Loan Discharge

February 21, 2018

Share this Flipbook
Facebook
Twitter
Work Email
LinkedIn

Moral blameworthiness, while not the only justification for excepting educational debt from discharge, is nonetheless the only justification that Congress identified when it first placed specific restrictions on discharging educational debt in 1976. Since then, however, the context of student borrowing has substantially changed.

Previous Flipbook

Life After Jevic: An End to Priority-Skipping Distributions?

A number of recent bankruptcy court decisions have begun to extend the reach of the Supreme Court's decisio...

Next Flipbook

Emerging Issues: Residential PACE Loans and Bankruptcy

Property Assessed Clean Energy (PACE) loan programs nationwide attest to the desirability of energy efficie...

Try ABI free for 30 days. We'll save you time and money.

Work Email

First Name

Last Name

Opt-in To Future Emails

Thank you!

Error - something went wrong!

Most Recent Flipbooks

A Primer on the Chapter 15 Global Chess Game

Living in Borrowed Times: The Changing Context of Student Loan Discharge

Previous Flipbook

Next Flipbook

Most Recent Flipbooks

This article provides a base level of familiarity through a brief discussion of recent cases addressing debtor eligibility and foreign case recognition concepts under chapter 15.

One of the significant unresolved issues in consumer bankruptcy law is the right of a chapter 13 debtor to obtain the return of a vehicle seized before the bankruptcy was filed.

Does the Bankruptcy Code permit tiered chapter 13 plans? Bankruptcy courts are divided, and even courts within the same federal districts have reached different results.

The landscape of the restructuring process under chapter 11 has undergone substantial changes in recent years, rendering rare what was once perceived as the “traditional reorganization case.”

The Tax Cuts and Jobs Act is the largest tax law overhaul since 1986, and trustees, debtors and their professionals should be aware of how these changes might affect bankruptcy estates.

Rising interest rates coupled with reduced income and increased debt suggests that some farmers might not be able to repay debt in future years.

With U.S. oil production soaring to an all-time high and WTI crude plunging to its lowest closing price since mid-2017, it is time to consider whether another energy downturn has begun — or resumed.

The fresh start is a powerful poverty-fighting tool. However, over the last decade, chapter 7’s fresh start has become steadily less accessible for low-income Americans.

This article examines what happens to the writer’s share when a songwriter files for bankruptcy and rejects his/her publishing agreement.

An organization in chapter 11 should implement an alternative-compensation arrangement to retain key executive talent and incentivize them so that the company can successfully restructure.

Fee-waiver and installment-payment requests in individual chapter 7 cases are on the rise, putting increasing pressure on the budgets of the courts and chapter 7 trustees.

Celebrities’ financial woes are often headline-grabbing sound bites, but the news stories are often slim on details as to how — if at all — the celebrity recovers from his/her financial troubles.

Health care bankruptcies impose life-and-death consequences on the public at large, prompting the U.S. Trustee and state and federal entities to take a more active posture in order to fill this void.

Individuals with student loan debt face an uphill battle in bankruptcy, but a recent case shows that courts might be increasingly willing to relax the standard to discharge governmental student loans.

Paying for an attorney is simply not possible for many who need the benefits of the Bankruptcy Code. Fortunately, there are a number of resources that the bankruptcy courts can look to for new ideas.

There’s not much that’s new or novel about prepackaged, pre-negotiated and pre-arranged bankruptcy filings in recent years, except their growing numbers — and that is a story in itself.

While the Code excludes Social Security benefits from the definition of “current monthly income," it provides no comparable exclusions for veterans' benefits — presenting a hardship for some veterans.

What happens if a debtor dies during the life of his or her chapter 13 plan? This can be a perplexing dilemma for the attorney regarding his/her obligations to the client.

ABA's Formal Opinion 481 says that a lawyer must inform the client of material errors in the client's representation. But is it really necessary to report every single “oops”?

Attorneys, law firms and third parties have recently sought to reimagine the terms and methods of payment for consumer debtor attorneys' fees, but some could run afoul of bankruptcy law and ethics.