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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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