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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...

"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...

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...