KeyBank could enforce an arbitration clause in its student loan agreements when sued for violating California consumer protection law, the en banc 9th U.S. Circuit Court of Appeals has ruled.
A debtor who was unable to find a job after a decade-long search met the Bankruptcy Code’s standard for discharge of her student loan debt, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.
With huge numbers of students facing crushing debt and national student loans surpassing credit card debt, some lawyers have found a new niche: representing clients hounded by student loan creditors, debt collectors and loan servicers.
An attorney in Illinois has been reprimanded for failing to supervise a non-attorney assistant who posted opposing parties’ private information in an electronic filing that ended up on a court’s public site.
Published: August 3, 2012
Tags: Bankruptcy Code, CFPB, Consumer Financial Protection Bureau, Department of Education, Dodd-Frank Wall Street Reform and Consumer Protection Act, federal loans, student loan debt, student loans, TILA, Truth in Lending Act
A new federal study recommends changes in consumer protection and bankruptcy law to provide relief for those Americans saddled with a share of the country’s $1 trillion in student loan debt, largely blaming private lenders for the problem.
A student lender sued for fraud could enforce an arbitration clause in its loan agreements, the 9th Circuit has ruled reversing judgment.
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.
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.
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.
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.