"Undue Hardship" Under Section 523(a)(8): Can the Debtor's Student Loans Be Discharged? (PDF)
Section 523(a)(8) contains a presumption that qualified student loans will not be discharged, and although the presumption can be overcome by a debtor who shows "undue hardship," bankruptcy courts often seek to have debtors take advantage of federal programs to delay payment, rather than grant a discharge.
Availability: In Stock
Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 8 Pages
Section 523(a)(8) contains a presumption that qualified student loans will not be discharged, and although the presumption can be overcome by a debtor who shows "undue hardship," bankruptcy courts often seek to have debtors take advantage of federal programs to delay payment, rather than grant a discharge. However, when a debtor is disabled, and there does not appear to be recovery within a reasonable period, courts have favored discharge.
Leslie Treff has been practicing commercial law in New York for 24 years. A specialist in the areas of debtor/creditor law, bankruptcy, and insurance coverage litigation, she is currently a Special Master and senior court attorney at the Supreme Court, New York County, Civil Branch. Ms. Treff has held committee chairmanships at both the Bar Association of the City of New York and New York County Lawyer's Association, and is a regular contributor to Lexis Nexis/Matthew Bender bankruptcy and debtor-creditor law treatises.
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