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Of promissory notes and legal stipulations: The dischangeability of education debt

Austin Smith, JD | 24 Apr 2017 | Student Loans

After understanding the difference between a “real student loan” (i.e., a qualified education loan) and “a loan made to a s…

Bankruptcy Chat: Judicial Conference Approves Model Plan, Rule Amendments

George Basharis, JD | 21 Apr 2017 | Industry News, Spotlight

The U.S. Supreme Court earlier this year adopted changes to the Federal Rules of Bankruptcy Procedure…

Undue Hardship Does Not Require Dire Poverty: A Case Study in Discharging Qualified Education Loans

Austin Smith, JD | 21 Apr 2017 | Student Loans

The following fact pattern is taken from an actual “undue hardship” proceeding. Names have been redacted to protect the inn…

Exceeding the Cost of Attendance: A Case Study In Discharging Non-Qualified Education Loans

Austin Smith, JD | 21 Apr 2017 | Student Loans

The following fact pattern is a compilation of several actual student loan adversary proceedings concerning debtors with “n…

When a student loan is not really a student loan

Austin Smith, JD | 20 Apr 2017 | Student Loans

In 2005, Congress amended section 523(a)(8) of the Bankruptcy Code to except from discharge private student loans that are…