Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302 (Jan. 7, 2020) (Morris)

Case Summary

Kevin Rosenberg obtained an undergraduate degree from the University of Arizona largely funded through student loans. After spending five years in the United States Navy, Mr . . .

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Critical Case Comment–“No Realistic Future Prospects”

Henry E. Hildebrand, III

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A 34-year-old Chapter 7 debtor could discharge his student loan obligation by establishing that he could not reasonably make payments on the balance, could not maintain a reasonable standard of living, and because the expiration of his payment term had already passed, his standard of living was likely to persist, with no realistic future prospects. (Silverstein) In re Wolfson, No....

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Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 2 of 5

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