NCBJ Annual Conferences

2018NACBA2-1 - Leaving Student Loan Discharge Behind: Defining Student Loans, Treatment in chapter 13 & Non-bankruptcy Options

Oct 30, 2018 7:45am ‐ Oct 30, 2018 8:45am

Standard: $25.00

Description

With discharge of student loans under the undue hardship standard often requiring a "certainty of hoplessness", this panel will instead focus on alternative methods that debtors and courts have addressed the ever mounting student loan crisis. These alternatives will include an examination of what actually constitutes an "educational benefit", how various repayment programs from the Department of Education can be integrated with bankrptcy and non-bankruptcy causes of action and defenses, including Statutes of Limitation, burdens of prood regarding standing and consumer protectioin laws, that can be used to provide borrowers relief.

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