Discharge/Dischargeability

Courts Split on Arbitrating Dischargeability of Student Loans

Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.

Benchnotes January 2019

Jan 2019

Should Congress Abrogate Brunner’s Criteria for Determining “Undue Hardship” Under § 523(a)(8)?

March 2019

Student Loans: An Overwhelming Problem in Need of Some Solutions

Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments

The bankruptcy court is no longer a court of equity; here’s another example.

Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline

A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.

Benchnotes December 2018

Dec 2018

Trekking Through the Quagmire: A Creative Discharge Solution to the Student Loan Crisis

Dec 2018

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?