Federal Circuit Court Rules Some Student Loans Can be Discharged in Bankruptcy

Admin on December 9, 2021 Posted in Bankruptcy Law, Blog, Chapter 7 Bankruptcy

In the recent circuit court case of Homaidan v. Sallie Mae, Inc., a federal circuit court held that a ruling by a New York bankruptcy court that private loans to pay for college education are not exempt from being discharged under the Bankruptcy Code’s Section 523. This section of the Bankruptcy Code excludes from discharge […]

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 […]

Potential Changes Looming With How Student Loan Debt is Handled During Bankruptcy

Admin on May 30, 2021 Posted in Bankruptcy News, Blog

Advocates are currently urging the United States Supreme Court to provide clarification about what debtors must establish to eliminate student loan debt in bankruptcy. Erasing student loan debt through bankruptcy is almost always difficult to do. Bankruptcy courts require a high standard of “undue hardship” to be established before student loan debt can be discharged.  […]

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 […]