Chapter 7 debtor can’t discharge student loans 
By:
Pat Murphy
Published: November 1, 2010
Tags: Chapter 7, student loans, undue hardship
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
By:
Pat Murphy
Published: July 13, 2010
Tags: arbitration, class actions, consumer protection, student loans
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
By:
Correy Stephenson
Published: April 12, 2010
Tags: student loans, undue hardship
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
By:
Kimberly Atkins
Published: March 23, 2010
Tags: bankruptcy discharge, student loans, Supreme Court
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
By:
Sylvia Hsieh
Published: February 25, 2010
Tags: Higher Education Act, preemption, student loans
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
By:
Sylvia Hsieh
Published: January 25, 2010
Tags: consumer protection, Federal Family Education Loan Program, student loans
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.
Top bankruptcy law stories of 2009
By:
Reni Gertner
Published: December 24, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy filings, CHAPTER 13, Chrysler bankruptcy, debt relief agency, GM bankruptcy, loan modification, National Association of Consumer Bankruptcy Attorneys, Obama, student loans
It started out as a busy year for bankruptcy attorneys – and it just became busier as filings continued to rise.
From the start of 2009, experts warned novice bankruptcy attorneys to do their homework before jumping into the specialized practice niche.
Court considers student loan bankruptcy discharge
By:
Kimberly Atkins
Published: December 1, 2009
Tags: bankruptcy discharge, student loans, Supreme Court
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
By:
Reni Gertner
Published: November 23, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, bankruptcy discharge, bankruptcy reform, debt relief agency, student loans, undue hardship
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
By:
Reni Gertner
Published: September 25, 2009
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, National Association of Consumer Bankruptcy Attorneys, nondischargeability, student loans, undue hardship
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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