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Student Loans: An Overwhelming Problem in Need of Some Solutions

Repayment of student loans is a serious problem for many individuals. This session focuses on both nonbankruptcy and bankruptcy ways of dealing with student loans. What nonbankruptcy options exist to deal with student loans? What are income-based repayment programs, and do they work? What other nonbankruptcy creative strategies can be employed? What does it take to discharge a student loan under § 523(a)(8)? Is the Brunner test the only option? What other legal standards may apply? What are the options in chapter 13? Do student loan claims count for purposes of eligibility debt limits? Can student loans be separately classified and paid differently than other unsecured claims? Should a chapter 13 debtor file a § 523 complaint, and if so, when? What are some possible legislative solutions to student loan problems?

Hon. Steven W. Rhodes Consumer Bankruptcy Conference
2018
Materials Year: 
Bankruptcy Rules: 
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