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Recent Supreme Court decisions

Posted on 03/26/2010 at 12:00 am | Viewed 1,179 times

There have been several important US Supreme Court decisions recently. The first is Milavetz v. United States in which the Supreme Court ruled that debtors’ bankruptcy counsel are “debt relief agencies”. The Bankruptcy Code requires debt relief agencies to provide certain

Long Awaited Help for Federal Student Loan Debtors

Posted on 07/15/2009 at 05:54 pm | Viewed 725 times

For federal student loan borrowers, repaying loans has become more and more difficult with the increased costs of post-secondary education and the down-turn in the economy.  Student loan debt is almost never dischargeable in bankruptcy, although there is a very narrow exception for undue hardship 11 U.S.C. §523(a) (8).  The

"Undue Hardship" Remains Difficult to Prove Regarding Student Loans

Posted on 04/26/2006 at 12:00 am | Viewed 765 times

Nash v. Connecticut Student Loan Foundation. The First Circuit issued its first decision on the proper standard for determining "undue hardship" of student loans. The Court was given the opportunity to decide whether to employ the test used by the Second Circuit in the Brunner decision, or to use

"Undue Hardship" is Mitigated by Partner's Income

Posted on 02/01/2006 at 12:00 am | Viewed 570 times

Lorenz v. American Educational Services. The First Circuit Bankruptcy Appellate Panel reversed a Bankruptcy Court decision which had granted an undue hardship discharge of a student loan. The Panel held that the debtor's life partner's income had a substantial effect on the debtor's actual and

Discharge of Student Loans

Posted on 01/24/2005 at 05:22 pm | Viewed 1,690 times

Bankruptcy Article #6

"Undue Hardship" is Mitigated by Partner's Income
Lorenz v. American Educational Services

Update: 2/1/2006

The First Circuit Bankruptcy Appellate Panel reversed a Bankrutpcy Court decision which had granted an undue

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