Student Loans and Hardship Discharge – Krieger v. Educational Credit Management Corp.

By Michaela White, NACTT Academy Editor & Advisor and Professor of Law, Creighton University School of Law

The Seventh Circuit recently decided that the fact a debtor did not avail herself of certain non-bankruptcy plans like the William D. Ford Income-Based Repayment Plan (IBR) did not preclude a finding of discharge based on undue hardship. Krieger v. Educational Credit Management Corp. 7th Cir., No. 12 -3592 (4/10/13). To deny discharge under the Brunner test, the Court must find that the . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Homesteads in New York State: Don’t Put the Cart Before the Horse

Robert G. Drummond

October 26, 2025

“Debtors seek to preserve their homestead, and sometimes additional property that is not their home.”

Members

Between the 1st and the 15th: Is Mortgage Current?

Cathy Moran

May 7, 2023

The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

Members

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

April 21, 2019

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) Section I. Student Loans, Part I Statutory Suggestions When the Commission asked participants to identify the most important issue in consumer bankruptcy, all three committees were told the same thing: the role of bankruptcy in the field of student loans. All three committees looked at the issue and proposed...

Members

From the Editor – Claims

October 20, 2019

By The Honorable William Houston Brown (Retired) Claim allowed after reopening of no-asset case. The Chapter 7 case filed as no-asset was reopened after discovery of assets for distribution, and debtors objected to a claim on basis of statute of limitations. Affirming, the Bankruptcy Appellate Panel held that the time to commence action on the claim had been tolled under...

Members

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

August 30, 2020

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART II – BASICS OF PERFECTION OF SECURITY INTERESTS Introduction Current circumstances, with a pandemic and a recession, portend a wave of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. In this space, we have previously looked...

Members

Ask Ms. Ps & Qs

Nancy B. Rapoport

February 18, 2024

This month, Prof. Rapoport looks at the question: What should happen when the Rule 2016 statement on compensation conflicts with the SOFA #16?

Members

It Takes a Village

September 29, 2019

By Katherine B. Brewer, Esq. (Westerville, OH) One of the first things we focus on in law school (other than the Rule Against Perpetuities, which always brings back fond memories), is that our clients come first. We learn the complexities of the law, memorize rule statements, and read thousands of pages of case law in order to learn how best...

Members

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

February 28, 2021

By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...

Members

Getting to Know Bankruptcy Through a Different Lense: My Experience as an Intern for a Chapter 13 Trustee

Tarynn Grundy

August 25, 2024

“. . . , seeing the staff, debtor, and creditor attorneys in litigation was captivating. I was able to witness a few attorneys zealously advocate for their clients.”

From the Editor

March 31, 2019

By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Suspension of firm upheld. The District court affirmed the 90-day suspension of Law Solutions Chicago, LLC (d/b/a UpRight Law, LLC), with the record supporting the bankruptcy court’s findings that the firm failed to adequately represent the debtor in a “simple” consumer case. Disgorgement of fees was appropriate under...

Members

Student Loans and Hardship Discharge – Krieger v. Educational Credit Management Corp.

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Homesteads in New York State: Don’t Put the Cart Before the Horse

Between the 1st and the 15th: Is Mortgage Current?

ABI Commission on Consumer Bankruptcy – Student Loans – Suggested Statutory Changes

From the Editor – Claims

Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9

Ask Ms. Ps & Qs

It Takes a Village

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

Getting to Know Bankruptcy Through a Different Lense: My Experience as an Intern for a Chapter 13 Trustee

From the Editor

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: