by Devin Sawdayi | Feb 24, 2017
A federal district court in California considered a request to discharge federally guaranteed parent loans, which the debtors took out to pay for one of their children’s education. In re Mees, No. 2:13-cv-01892, order (E.D. Cal., Jul. 22, 2014). Student loan debt is...
by Devin Sawdayi | Aug 16, 2016
Personal bankruptcy under Chapters 7 and 13 offer ways for people to obtain financial relief when their income is not high enough to continue making required payments on their debts. The federal Bankruptcy Code deals with different types of debt in different ways. The...
by Devin Sawdayi | Jul 1, 2016
As of late 2015, about 40 million people in the United States owed a total of $1.2 trillion in student loan debt, an average of $30,000 in debt per student loan borrower. Reform of the student loan system is likely to be a significant issue in the upcoming...
by Devin Sawdayi | Apr 4, 2016
Student loans present one of the greatest challenges for debtors in Chapter 7 and Chapter 13 personal bankruptcy cases. Federal law prohibits the discharge of almost all student loan debt, except when a debtor proves that denying a discharge would cause “undue...
by Devin Sawdayi | Mar 30, 2016
Student loans present a uniquely difficult obstacle to debtors in bankruptcy. Federal law completely excepts student loans from discharge, unless a debtor can show “undue hardship” to themselves and their dependents. 11 U.S.C. § 523(a)(8). Most courts around the...
by Devin Sawdayi | Apr 9, 2015
Federal bankruptcy law specifically excepts student loan debt from discharge, unless a debtor can meet the difficult burden of demonstrating “undue hardship” to themselves and their defendants. 11 U.S.C. § 523(a)(8). A recent decision from the Ninth Circuit Court of...
