News & Analysis as of

Chapter 7 Student Loans

Ballard Spahr LLP

Second Circuit holds inclusion on credit report of student loan debt alleged to have been discharged in bankruptcy did not make...

Ballard Spahr LLP on

The U.S. Court of Appeals for the Second Circuit recently ruled that a plaintiff who alleged that Experian had violated the Fair Credit Reporting Act by including a discharged student loan debt on his credit report had not...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Affirms That Some Private Student Loans Are Dischargeable in Bankruptcy

In Hilal K. Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, Navient Credit Finance Corporation, Case No. 20-1981 (2d Cir. 2021), the Second Circuit affirmed the opinion of the U.S. Bankruptcy Court for the Eastern...more

Epiq

The Future of Student Loans and Bankruptcy – Is There a Bubble Waiting to Burst?

Epiq on

In March 2021, the U.S. Department of Education noted that student loan borrowers owed $1.6 trillion federal and private loans. For many, loans are the only option to attend a U.S. university or college for undergraduate,...more

Nelson Mullins Riley & Scarborough LLP

Consensus Builds That Some Private Student Loans Can Be Discharged in Bankruptcy

Last month, the United States Court of Appeals for the Second Circuit, in Homaidan v. Sallie Mae, Inc., 3 F.4th 595 (2d Cir. 2021), affirmed a New York federal court's ruling that private student loans are not explicitly...more

Troutman Pepper

Second Circuit Rules Private Student Loans May Be Discharged in Bankruptcy

Troutman Pepper on

On July 15, the U.S. Court of Appeals for the Second Circuit ruled that private student loans are not explicitly exempt from a debtor’s Chapter 7 bankruptcy discharge....more

Goodwin

Student Loan Servicer Appeals Bankruptcy Court’s Decision to Discharge Student Loan Debt

Goodwin on

On January 17, student loan servicer Educational Credit Management Corporation (ECMC) filed a notice of appeal in the United States District Court for the Southern District of New York, challenging the decision of Chief...more

Bradley Arant Boult Cummings LLP

First Circuit Holds that Parents’ Tuition Payments for Adult Children Are Fraudulent Transfers

Recently, the First Circuit held that a parent’s tuition payments on behalf of an adult child do not benefit the parent’s bankruptcy estate, and a Chapter 7 trustee may therefore claw the payments back as fraudulent...more

Hinshaw & Culbertson LLP

Fifth Circuit Rules For-Profit Student Loans Are Dischargeable Without Proof of "Undue Borrower Hardship"

Hinshaw & Culbertson LLP on

Many student loan borrowers, lenders, and servicers operate under the presumption that student loans are generally not dischargeable in bankruptcy, absent an "undue hardship." That notion may no longer be a bright line rule,...more

Bradley Arant Boult Cummings LLP

5th Circuit Joins the Growing Crowd Holding that Private Student Loans May be Dischargeable in Bankruptcy

The Fifth Circuit’s recent decision in Crocker v. Navient Solutions is a stark reminder to for-profit student lenders and servicers that bankruptcy caselaw continues to evolve relating to discharge. In Crocker, the Fifth...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending October 11, 2019

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Financial Services Update - Title Insurance Coverage: where an accurate survey would have shown that seller had abandoned access and parking easement, which had been built upon by a neighbor, title insurer had no duty to...more

Bradley Arant Boult Cummings LLP

Take It to the Limit: Increase in Chapter 13 Debt Limits

Individuals have several options when filing bankruptcy. Chapter 13 is often preferred for individuals with regular income who wish to keep their homes and other secured assets. In a Chapter 13 filing, the court will approve...more

BCLP

State Court Default Judgment Estops Debtor from Contesting Former In-laws’ Action to Deny Discharge in Later Bankruptcy (with...

BCLP on

Just last month, the Bankruptcy Cave reported upon a Southern District of Texas case in which a debtor was denied discharge of a debt owed to an old (and likely former!?!) friend from church who had been required to pay off a...more

Dorsey & Whitney LLP

Court Grants Student Loan Debt Relief to a Graduate of a Non-Accredited Medical School

Dorsey & Whitney LLP on

On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr....more

Adams and Reese LLP

Dischargeability of Student Loan Debt in Bankruptcy

Adams and Reese LLP on

Title 11 U.S.C. § 523(a)(8) of the United States Bankruptcy Code provides that, in order to obtain a discharge of an otherwise nondischargeable student loan, an individual in bankruptcy (the “debtor”) must establish that he...more

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