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Living in Borrowed Times: The Changing Context of Student Loan Discharge
Moral blameworthiness is why Congress first placed specific restrictions on discharging educational debt in 1976, but the context of student borrowing has since changed substantially.
Eye on Bankruptcy Streaming Series
Complimentary ~ June 28 @ 1 PM ET
Are Student Loans No Longer the "Third Rail" of Bankruptcy?
Courts typically apply the Brunner test to determine "undue hardship" when faced with a debtor with student loan debt, yet two recent decisions seem to have softened the harshness of § 523(a)(8).
Is 13 the Lucky Number for Student Loan Debtors?
Current law makes it very difficult to either discharge any amount of student loan debt or make any meaningful repayment toward student loan debt in a bankruptcy reorganization case.
Chicago Judge Erases Chapter 13 Debt Limits on Student Loans
Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.
Labor Considerations in Higher Education Restructurings
In 2016, 763 higher education institutions closed - what are some of the reasons, and what can schools do to avoid the same fate?
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Transformation in Higher Education