LexisNexis® Legal Newsroom
The Supreme Court's Holding in United Student Aid Funds, Inc. v. Espinosa

Parties challenging a bankruptcy court's final order almost always must take a direct appeal or be forever barred from collateral attack, even when the order contains a clear legal error. Further, when a statute permits a court to act only if certain findings are made or conditions exist, the court...

Ballooning Student Loan Debt Will Cause Future Pain

Experts now agree that student loan debt has exceeded credit card debt as Americans' largest personal debt. In fact, many experts now believe that the total outstanding student loan debt will exceed $1 trillion by the end of this year. The media has failed to grasp the gravity of this news...

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

The provisions of Section 523(a)(8) generally qualified education loans from discharge, unless the denial of a discharge would "impose an undue hardship" on the debtor. Although the words "undue hardship" are not defined in the Bankruptcy Code, two tests have been developed to assist...

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

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...

Student Loans: Nondischargeability Questioned in Seventh Circuit and Beyond

by Adam McNeile Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly excepts student loans from discharge, unless the exception of such indebtedness from discharge would impose an undue hardship upon the...