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.
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Game of Loans
Much ink has been spilled in recent years detailing the student loan crisis. This article examines some of the numbers behind the issue and discusses possible solutions.
Trustee Avoidance Cases to Recover Debtors' Education Payments for Their Children
Chapter 7 trustees have increasingly brought claims to avoid education-related payments made by debtors on behalf of their children as fraudulent transfers under 11 U.S.C. §§ 544 and 548.
Arbitrability of Student Loan Dischargeability
In their first years of coexistence, the Bankruptcy Code and Federal Arbitration Act (FAA) rarely, if ever, intersected, but the explosion in student loan debt has finally led to their entanglement.
Religious Contributions Not Considered in Dischargeability of Student Loans
First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.
Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
ABI Testifies at House Judiciary Committee Hearing
Hearing on Oversight of Bankruptcy Law and Legislative Proposals.
9:31ABI President Alane Becket on Goals
New ABI President Alane Becket talks with ABI Editor-at-Large Bill Rochelle about the Consumer Commission's Final Report, domestic abuse and bankruptcy and more.
Creative Discharge Solution to the Student Loan Crisis
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.
16:50Stigma Surrounding Personal Bankruptcy?
Has the stigma surrounding personal bankruptcy increased, not decreased?
It isn't easy to discharge student loans in bankruptcy, but it isn't impossible either. (Part of a free book...details inside!)
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.