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.
Other content in this Stream
We Need Your Input!
Be on the lookout for a survey from McKinley Advisors. Give us your opinion and win a prize!
24:43Current State of Consumer Bankruptcy Law, Most Litigated Consumer Issues
ABI Deputy Executive Director Amy Quackenboss talks with David Cox of Cox Law Group and Elizabeth Gunn of the Office of the Virginia Attorney General about their new consumer book.
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.
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).
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
A sector fueled by three decades of sustained enrollment growth is now struggling. But a traditional bankruptcy process is not a practical option for turning around a university.
American Bankruptcy Institute
ABI Chart of the Day via @CFPB: Types of Student Loan Complaints, Types of Products. goo.gl/5l6QnO
American Bankruptcy Institute
ABI's Bill Rochelle talks with new ABI President Eugene Wedoff about the launch of the Commission on Consumer Bankruptcy and areas that the Commission will aim to examine, including student loans.
American Bankruptcy Institute
Conversation with Prof. Susan Hauser, co-author of "Graduating with Debt," at the ABI Annual Spring Meeting
American Bankruptcy Institute