Undue Hardship and Student Loan Debt

By Professor Michaela White

Professor Rafael Pardo of the University of Washington School of Law has an ax to grind about the Code’s current approach to student loan discharge and the data to back it up. Much of Professor Pardo’s scholarship focuses on student loan debt in consumer bankruptcy cases. He has co-authored three excellent articles on student loans: the first, published in 2005 in the University of Cincinnati Law Review, studied 261 undue hardship opinions by bankruptcy courts between October 1993 and October 2003 (the “2005 Study”). Using a subset of this database, his next study . . .

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Postpetition Borrowing by a Consumer Debtor in Chapter 13 – Part 1 of 2

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By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye Although our Nation’s bankruptcy laws are uniform, chapter 13 practice in our Nation’s bankruptcy courts varies to a significant extent in the different judicial districts. One example of this variation is the treatment of postpetition borrowing by a consumer debtor in chapter 13.i Neither the Bankruptcy Code nor...

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The Academy

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M. Jonathan Hayes

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Consumer bankruptcy attorneys in my experience tend to see appeals as a massively expensive undertaking fraught with unfamiliar rules and the threat of sanctions at every turn. That is not the reality. The purpose of this short article is to allay those fears. It’s a fun and satisfying process; dive in says I. Final order You can only appeal a...

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Is Your Law Practice Evolving to Incorporate New Technology

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By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA) When the world was forced to adjust to new routines in March 2020 due to the global pandemic, I was instantly struck by how little my professional life changed. I’d worked remotely for over a decade, and my systems and procedures didn’t change. Sadly, the same couldn’t be...

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The NACTT Emeritus Trustees

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In any given year Chapter 13 Trustees administer 400,000 to 500,000 cases and distribute almost $5 billion to creditors. A critical duty for trustees is to be sure that distributions are correctly delivered to an allowed claimant. 11 USC § 501 governs the filing of a proof of claim and 11 USC § 502 sets forth the requirements for allowance...

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