KeyBank could enforce arbitration clause 
Published: April 16, 2013
Tags: arbitration, consumer protection, student loans
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.
Long-term unemployment justified discharge of student loans
Published: April 15, 2013
Tags: bankruptcy discharge, student loans
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.
Student loan law: a niche for a few good lawyers?
By:
Sylvia Hsieh
Published: March 7, 2013
Tags: consumer law, credit card debt, debt collection, Fair Debt Collection Practices Act, FDCPA, loan servicers, student loan litigation, student loans
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.
Attorney reprimanded for assistant’s mistaken web posting
By:
Sylvia Hsieh
Published: February 13, 2013
Tags: attorney discipline, Federal Rules of Civil Procedure, non, reprimand, student loans
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.
New federal study makes case for student loan relief
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.
Student loan arbitration clause enforceable
Published: March 9, 2012
Tags: arbitration, AT&T Mobility v. Concepcion, class actions, consumer protection, Federal Arbitration Act, fraud, preemption, student loans
A student lender sued for fraud could enforce an arbitration clause in its loan agreements, the 9th Circuit has ruled reversing judgment.
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.
