Federal Circuit Court Rules Some Student Loans Can be Discharged in Bankruptcy
Admin on December 9, 2021 Posted in Bankruptcy Law, Blog, Chapter 7 BankruptcyIn 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 LoansThe 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 […]
Student Loan Debt
Admin on August 6, 2017 Posted in Blog, Chapter 13 Bankruptcy, Student LoansMany 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 […]
Supreme Court Holds that Exempt Assets Stay That Way, Even After Fraud
wpadmin on April 14, 2014 Posted in Bankruptcy LawOn March 4, 2014, Justice Antonin Scalia delivered the Supreme Court’s opinion in Law v. Siegel, originally a bankruptcy case from the Central District of California. The Supreme Court’s decision unanimously reversed the decision of the Ninth Circuit Court of Appeals. This case is particularly interesting because it involves issues of fraud and property exemptions […]