PBWT
JUNE 22, 2021
1] The Bankruptcy Code generally excludes student loan debt from the general discharge individual debtors are entitled to receive upon the conclusion of their case. It requires courts to consider the “totality of the circumstances” in each individual debtor’s case. [4] § 523(a)(8). [1] 11 U.S.C. §
Troutman Sanders
SEPTEMBER 4, 2020
On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy. Third, to read the word “loans” into § 523(a)(8)(A)(ii) “would violate the canon against surplusage.
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Sawin & Shea
JULY 13, 2022
The majority of people in Indiana who have thought about declaring bankruptcy likely already know how challenging it is to get student loans erased. Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position.
ABI
JANUARY 12, 2022
In general, a student loan may not be discharged under title 11 of the United States Code (the “Bankruptcy Code”) unless the debtor demonstrates “undue hardship.” [1] 4] Ultimately, the debtor accumulated $653,843.22 seeking a discharge of her student loan debt pursuant to § 528(a) of the Bankruptcy Code. [7].
Collection Industry News
APRIL 4, 2022
In a new letter, 27 Democratic senators are demanding the administration stop trying to overturn court rulings that help student debtors. Despite Joe Biden’s campaign promise to allow borrowers to discharge their student debts through bankruptcy, the administration has continued to fight debtors in bankruptcy court.
Public Citizen
JULY 20, 2021
As you may know, most student loans are notoriously difficult to discharge in bankruptcy. But not all loans, according to In re Hilal K. In that decision , the Second Circuit has joined the Fifth and Tenth Circuits and held that private student loans are dischargeable in bankruptcy. Homaidan (CA2 July 15, 2021).
Troutman Sanders
MARCH 16, 2023
On March 16, the Consumer Financial Protection Bureau (CFPB) released a compliance bulletin entitled Unfair Billing and Collection Practices After Bankruptcy Discharges of Certain Student Loan Debts. The compliance bulletin focused on the treatment of certain private student loans following a bankruptcy discharge.
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