Misconceptions & Muddied Waters: Are Student Loan Discharge Standards Any Clearer?

By Natalie Scott, The Scott Law Group

Two recent decisions in our circuit may have offered the first “break” for student loan debtors in years. In April, the Ninth Circuit BAP issued In re Roth, 490 BR 908 (9th Cir BAP 2013). In May, the Ninth Circuit Court of Appeals decided a case I’ve worked on for years, Hedlund v. Educational Resources Inst., Inc., 718 F3d 848 (9th Cir 2013).

Both decisions allowed debtors to discharge student loan debt. Roth reversed a bankruptcy court’s denial of discharge in a case . . .

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Critical Case Comment – Debtor’s Counsel’s Fee Reduced to $48k

Henry E. Hildebrand, III

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Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his...

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Lawrence R. Ahern, III

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

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Members of the Armed Forces Are Entitled to Certain Tax Benefits

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Danielle N. Gueck-Townsend

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Gambling is inherently risky, but that rings even more true when a bankruptcy is involved. Section 727(a)(5) allows for denial of discharge if “the debtor has failed to explain satisfactorily, …. any loss of assets or deficiency of assets to meet the debtor’s liabilities.” 11 U.S.C. §727(a)(5). Recently, Bankruptcy Judge Timothy A. Barnes in Chicago wrote an opinion in which...

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The Honorable John P. Gustafson

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New Judge Appointed

The Academy

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Here’s What Taxpayers Should Know About Making 2019 Estimated Tax Payments

August 18, 2019

Small business owners, self-employed people, and some wage earners should look into whether they should make estimated tax payments this year. Doing so can help them avoid an unexpected tax bill and possibly a penalty when they file next year. Everyone must pay tax as they earn income. Taxpayers who earn a paycheck usually have their employer withhold tax from...