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Chapter 7 debtor can’t discharge student loans (access required)

By: Pat Murphy
Published: November 1, 2010

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A Chapter 7 debtor could not obtain a discharge of student loans in light of her live-in boyfriend’s substantial financial contributions to household expenses, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.

Student borrower not bound by arbitration clause (access required)

By: Pat Murphy
Published: July 13, 2010

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A borrower seeking class-wide relief was not required to arbitrate a lawsuit alleging that his lender charged excessive interest rates for student loans, the 2nd Circuit has ruled.

Student loans dischargeable as undue hardship (access required)

By: Correy Stephenson
Published: April 12, 2010

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A debtor’s student loans are dischargeable under §528(a)(8) because paying them would impose an undue hardship on the debtor and her dependents, the 8th Circuit Bankruptcy Appellate Panel has ruled.

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.

No time-bar on student loan collection (access required)

By: Sylvia Hsieh
Published: February 25, 2010

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A state statute of limitations that would have barred a student loan collection action is preempted by the Higher Education Act, the Minnesota Court of Appeals has ruled.

State law claims against student loan lender preempted (access required)

By: Sylvia Hsieh
Published: January 25, 2010

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State consumer law claims challenging a student loan lender’s calculation of fees and interest are preempted by the Federal Family Education Loan Program (FFELP), the 9th Circuit has ruled in affirming a summary judgment.

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.

Hearing held on student loans in bankruptcy (access required)

By: Reni Gertner
Published: September 25, 2009

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A House Judiciary subcommittee held a hearing Wednesday to examine the issue of whether private student loan debt should be dischargeable in bankruptcy.

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