Second Circuit Finds Certain Student Loans Can be Discharged

Admin on September 30, 2021 Posted in Bankruptcy Law, Blog, Recent Court Decisions, Student Loans

The Second Circuit in the recent case of In Homaidan v. Sallie Mae recently held that some kinds of private student loans do not require the repayment of debts that can be categorized as an educational benefit. This decision resulted in the Second Circuit joining the Fifth Circuit and Tenth Circuit on the matter. Neither […]

When You Should Think Twice About Filing for Bankruptcy

Admin on April 30, 2019 Posted in Blog, General Bankruptcy, Student Loans

Many people who have encountered financial difficulties believe that bankruptcy is the best possible option. While it is true that bankruptcy is often a good choice, there are a number of reasons why people should think twice before filing for bankruptcy in certain situations. The following will discuss some of the reasons why you might […]

Undue Hardship and Student Loans

Admin on September 8, 2017 Posted in Blog, Student Loans

Imagine that a boy grows up watching lawyer shows like Perry Mason, L.A. Law, and Law and Order. He is intrigued by what lawyers do, especially trial lawyers. After years of watching, he is enamored. He has dreams of becoming a prosecutor or a defense attorney. He will appear before a judge and jury and […]

Student Loan Debt

Admin on August 6, 2017 Posted in Blog, Chapter 13 Bankruptcy, Student Loans

Many Americans carry significant student loan debt. In the beginning of 2017, there were 44 million people in the United States holding over $1.4 trillion in student loan debt. This number is greater than credit card debt by $620 billion. This is a 6% increase over 2016. What is more, there is a delinquency rate […]

Bar Exam Loans May Be Dischargeable in Bankruptcy

Admin on April 12, 2016 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Student Loans

It’s well-known that federal student loans are very difficult, if not almost impossible to discharge in either Chapter 7 or Chapter 13 bankruptcy. There is another type of education loan that is lesser known to most people that is often thought of as nondischargable in bankruptcy, but a recent decision from New York indicates this […]

Common Questions: Attempting to Discharge Student Loans Bankruptcy

Admin on March 10, 2016 Posted in Blog, Student Loans

You’ve probably heard that it is impossible to discharge student loan debt in bankruptcy. That’s not exactly true, but it is very difficult to convince a court to let you off the hook for your student loans in either Chapter 7 or Chapter 13 bankruptcy. But with more than $1 trillion in outstanding student loan […]

The 9th Circuit May Have Made it Easier to Discharge Student Loans in Bankruptcy

wpadmin on June 23, 2013 Posted in Student Loans

I recently did a blog about discharging student loans in bankruptcy. In that blog, I noted a 9th Circuit Bankruptcy Appellate Panel decision in which one of the Panel Judge’s called on the 9th Circuit Court of Appeals to come up with a more workable legal standard for discharging student loans in bankruptcy. Specifically, the […]

New Hope for Student Loan Borrowers in Bankruptcy?

wpadmin on May 20, 2013 Posted in Student Loans

As a Bay Area bankruptcy attorney, one of the most frustrating aspects of my job is being unable to help debtors discharge their student loans. As many people with huge student loan debt already know, the 2005 change to the bankruptcy code, coupled with court decisions, have made it nearly impossible for someone to discharge […]

Why Can’t Student Loan Debt be Discharged in Bankruptcy? : How the High Cost of Higher Education is Dragging the Economy Down

wpadmin on October 30, 2012 Posted in Student Loans

The high cost of a higher education is saddling many Americans with debt they can’t afford and can do little about. As a bankruptcy attorney, dealing with clients who are facing large student loan debt can be very frustrating because, while I can help them with their credit card and medical debt, for most working […]