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High Court upholds student loan bankruptcy discharge (access required)

By: Kimberly Atkins
Published: March 23, 2010

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Even though the bankruptcy discharge of student loans require a finding of undue hardship in an adversarial proceeding, a lender cannot challenge the discharge of a loan absent such a finding if it was not timely appealed, the U.S. Supreme Court has ruled.

Court considers student loan bankruptcy discharge (access required)

By: Kimberly Atkins
Published: December 1, 2009

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WASHINGTON – Can a student loan be discharged in bankruptcy without a finding of undue hardship?

That is what the U.S. Supreme Court is set to decide after hearing oral arguments in the case United Student Aid Fund v. Espinosa Tuesday.

Bankruptcy on the docket at the Supreme Court (access required)

By: Reni Gertner
Published: November 23, 2009

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Two cases likely to have a big impact on bankruptcy law practice are set to be argued before the justices of the U.S. Supreme Court next week.

Student loan debtor needn’t wait for ‘hardship’ ruling (access required)

By: Pat Murphy
Published: March 27, 2009

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A Chapter 13 debtor could obtain an “undue hardship” determination relieving her of her student loan obligations substantially in advance of when she was scheduled to complete payments under her bankruptcy plan, the 9th Circuit has ruled in affirming judgment.

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