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  • "Undue Hardship" Under Section 523(a)(8): Can the Debtor's Student Loans Be Discharged? (PDF)
 
 
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"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 , PDF

ISBN: 9781422429983

8/20/2012
 
$57.00
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    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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    An authoritative analysis of important cases, codes, statutes, rulings, emerging issues or legal topics is available now - through LexisNexis Emerging Issues Analysis. The brain trust of LexisNexis authors - thousands of recognized authorities who develop the respected Matthew Bender’, Mealey’s and Martindale-Hubbell’; treatises and articles - produce this highly specific content. Each commentary covers an important case, code, statute, ruling or emerging issue such as subprime, nanotechnology, or climate change. More current and concentrated than treatises and more analytical than news, Emerging Issues Analysis bridges the information gap between the two, providing quick expert analysis of current developments in law.

     

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